As usual, Andy McCarthy cuts to the chase. The rest of us have been asking ourselves variants of the question “Is someone who consistently demonstrates that he does not believe in impartial justice, a.k.a., the rule of law (not men), qualified to be a Justice of the Supreme Court?” Andy goes back behind that high level question to ask: “Is Sonya Sotomayor Qualified to be a Juror?” Here are some standard instructions handed out to prospective jurors:
You have two duties as a jury. Your first duty is to decide the facts from the evidence in the case. This is your job, and yours alone. Your second duty is to apply the law that I give you to the facts. You must follow these instructions, even if you disagree with them. . . . Perform these duties fairly and impartially. Do not allow sympathy, prejudice, fear, or public opinion to influence you. You should not be influenced by any person’s race, color, religion, national ancestry, or sex.
Do you want a judge, let along a Justice of the Supreme Court, whose primitive, tribal view of what counts as justice would disqualify her from a place on a lower court jury?