By GottaLaff
He is referring back to her reference to Perry Mason. He mentions that Hamilton Berger lost every week. Gets a laugh on that.
You watched in the Bronx, I watched in Minneaopolis, and here we are today. I'm asking you questions because you're nominated to be a justice of the U.S. Supreme Court... pretty cool. [...][I'll stop here... good for Al, great subject matter]
Net neutrality:
The Internet reaches millions... this is free speech, essential to our democracy... We saw this in Iran...
Brings up Brand X decision: Deregulated Internet access services... Talking about blocking access to the Web... undermines free speech... This is frightening, to me, to millions.
Internets use public resources, airwaves, rights of way. Doesn't U.S. have public interest in making sure Internet stays the Internet (accessible)?
Sotomayor: TV, phones regulated. Reviewed by course, policy choices of Congress. The Internet has revolutionized communications. Access to that is a question that our citizens are concerned about. But role of court is not to make policy, but wait till Congress acts... Brand X... was question of which gov't. agency would regulate those providers.. the Court... determined it thought it fit in one agency, not another... We're talking about statutory interpretation and Congress's understanding to amend if it chooses. I don't minimize your concerns..
Access... its importance implicates freedom of speech, property rights, regulation.. so many issues implicated... that what the court can do is interpret each statute.
Franken: First Amendment? No matter what Congress does? Overriding right of Americans to have access?
Sotomayor: Rights don't override... The court looks at how Congress balances those rights, and judges if balance is Constitutional...
Franken: Judicial activism... As I see it, there's impoverishment of our political discourse re: judiciary. Candidates/officeholders reduce judicial picks to activist v. not. 30 second soundbites... Code word for judges you don't agree with. What's your definition?
Sotomayor: Not a term I use, because I don't describe judges' work in that way. Each attempts to interpret law according to legal principles... You're right, people think activism is wrong conclusion in light of policy. I don't approach judging this way at all... not policy choices, or world views or shoulds... that would be activism. Improper. That's different than what I consider the process of judging, come to each situation and apply the law.
Franken: BUT, in political discourse, that's the ONLY phrase that's ever used.
No I won't. He's into age discrimination. Another good topic. Franken's talking about the erosion of workers' rights. "This is a big deal."
Now, abortion rights:
Franken: The word "abortion" is not in the Constitution. What about "birth control"? No. "Privacy"? No.
Is there a fundamental right to privacy?
Sotomayor: Certain rights under due process clause, extends to rights of privacy under certain situations. Parents have right to direct education to their kids... There have also been other decisions.
Franken: So if a word doesn't appear, it's not relevant is it?
Sotomayor: Some words are, but the Constit. is written in broad terms. Courts look at how those words apply to a factual setting.
Franken: Roe v. Wade, court talked about right to have an abortion. Does right to privacy include right to have abortion?
Sotomayor: Court has said that there is a right to privacy that women have w/ respect to termination of pregancies in certain situations.
Franken: What was the one case in Perry Mason that Burger won?
Sotomayor: Can't remember!
Franken: You don't remember? Didn't the White House prepare you for that? [laughter]
He's here all week... bada bing!
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