=== I've also found guidance from what may seem to be is an unusual source. On June 8, 2005, then-Senator Barack Obama explained his opposition to the Appeals Court nomination of Janet Rogers Brown, an African-American woman with a truly compelling life story, who then served as a justice on the California Supreme Court.
Senator Obama made three arguments that I find relevant today.
First, he argued that the test of a qualified judicial nominee is whether she can set aside her personal views and, as he put it, quote, "decide each case on the facts and the merits alone. That is what our founders intended. Judicial decisions ultimately have to be based on evidence and on facts. They have to be based on precedent and on law," unquote.
Second, Senator Obama extensively reviewed Justice Brown's speeches off the court for clues about what he called her, quote, "overreaching judicial philosophy," unquote. There's even more reason to do so today. This is, after all, a nomination to the Supreme Court of the United States of America.
Judge Sotomayor, if confirmed, will help change the very precedents that today bind her as a Circuit Court of Appeals judge. In other words, the judicial position to which she has been nominated is quite different than the judicial position she now occupies. This makes evidence outside of her Appeals Court decisions regarding her approach to judging more, not less, important.
Judge Sotomayor has obviously thought, spoken and written much on these issues. And I think we show respect to her by taking her entire record seriously.
Third, Senator Obama said that, while a nominee's race, gender and life story are important, they cannot distract from the fundamental focus on the kind of judge she will be. He said then, as I have said today, that we should all be grateful for the opportunity that our liberty affords for Americans of different backgrounds.
We should applaud Judge Sotomayor's achievements and service to her community, her profession and her country. Yet, Senator Obama called it, quote, "offensive and cynical," unquote, to suggest that a nominee's race or gender can give her a pass for her substantive views. He proved it by voting twice to filibuster Judge Janet Rogers Brown's nomination, and then by voting against her confirmation.
I share his hope that we have arrived at a point in our country's history where individuals can be examined and even criticized for their views, no matter what their race or gender. If those standards were appropriate when Senator Obama opposed Republican nominees, they should be appropriate now that President Obama is choosing his own nominees. ===
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