[Sen. Orrin] Hatch, in pressing Sotomayor for her rulings involving gun rights and the 2nd Amendment, shows that Sotomayor’s Republican critics, in a sense, are trying to have it both ways. They want to condemn the judge as a judicial activist who disregards precedent when it suits her. But Hatch blasted Sotomayor for following what he deemed to be incorrect precedent in deciding whether the 2nd Amendment right to gun ownership was applicable to the states.
Specifically, Hatch accused Sotomayor of using an incorrect analysis (and, by implication, suggesting she willfully used a certain line of cases to achieve a desired result) under the 14th Amendment to the Constitution.
At one point, when Sotomayor suggested that she was bound by the precedent of her judicial circuit, Hatch interjected, “I’m talking about what should be done here.
Specifically, Hatch accused Sotomayor of using an incorrect analysis (and, by implication, suggesting she willfully used a certain line of cases to achieve a desired result) under the 14th Amendment to the Constitution.
At one point, when Sotomayor suggested that she was bound by the precedent of her judicial circuit, Hatch interjected, “I’m talking about what should be done here.
