According to Title 28, Chapter I, Part 453 of the United States Code, each Supreme Court Justice takes the following oath:
- "I, [NAME], do solemnly swear (or affirm) that I will administer justice without respect to persons, and do equal right to the poor and to the rich, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as [TITLE] under the Constitution and laws of the United States. So help me God."
This is also well said:
The Founders knew that the courts could not fairly judge laws if they had a hand in making them, nor could they be counted on to curb the excesses of legislative and executive power if they shared in it....
How can we depend on the protections of justice if justice is no longer blind and those who weigh the scales can tip them in one party's favor?
How can we uphold the rule of law if a judge has the power to place his empathy before the evidence and his personal politics before the democratic expression of the public will?
And how can we enjoy the security of our rights and the full blessings of our freedoms if the highest court in our land is not bound to the words and promises of our Constitution?
A federal judge's role is not to create or enforce the law.
A federal judge certainly should NOT be looking to foreign law to form opinions either!
Can Sotomayor really fulfill these requirements?
That's the question the Senate should be seeking to answer.