Bennett opposes Sotomayor

Sen. Bob Bennett, R-Utah, said Friday he will oppose the Supreme Court nomination of Sonia Sotomayor, saying he dislikes her record on gun rights and her statements that judges may consider international law when interpreting what he says is an "inspired" Constitution.

Bennett is being challenged for re-election next year by several candidates running to his right, and gun rights and close adherence to the Constitution are popular issues among them.

Bennett said in a press release, "I cannot reconcile my strong belief that the Constitution guarantees the right to bear arms with Judge Sotomayor's stated belief that the Second Amendment is not a 'fundamental right.' "

Also, he said, "Judge Sotomayor has stated that she believes American judges should consider foreign law when interpreting the Constitution. The Constitution is an inspired document, and I strongly believe the Supreme Court should strictly interpret American law base on the Constitution rather than the laws of other countries."

Sotomayor said in testimony that depending on the case and issues raised, judges sometimes may need to include what foreign law says among the mix of many considerations in making decisions.

Bennett said those were among several reasons he found to oppose Sotomayor as he closely reviewed her testimony from her confirmation hearing this week.

Another reason, he said, is, "I am concerned about statements she has made indicating a tendency toward judicial activism. While she is continually defending her comments as misunderstood, the fact remains that she has made statements that clearly imply she believes judges are tasked with policymaking."

Bennett added, "Eighty percent of the cases she's participated in that have been heard or considered by the Supreme Court have been reversed or vacated, which further indicates to me a tendency to legislate from the bench."

Bennett concluded, "This has been a close call for me because I support the president's constitutional prerogative to nominate justices, and I am reluctant to substitute my judgment for his. However, in the end I have decided that I must vote no."

Sen. Orrin Hatch, R-Utah, who was a member of the Judiciary Committee that questioned Sotomayor, said Friday he is still reviewing her testimony and has not decided whether to support her.

"I came into the confirmation hearings with a desire to support the president's nominee. And although I like Judge Sotomayor, I have a number of significant concerns about some of her decisions, her judicial philosophy, and past comments about the role of judges. So I am thoughtfully reviewing her testimony," he said.

e-mail: lee@desnews.com