While the Reform Movement has not taken a formal position on the nomination of Judge Sotomayor, we know that the nine Justices who sit on the Supreme Court have a significant impact on the issues of importance to our Movement--from the separation of church and state to reproductive choice, from civil rights to the environment.  Thus, we believe that any person receiving a lifetime appointment to the highest Court in our nation must go through a comprehensive hearings process.  

To contribute to this process, the Union for Reform Judaism sent a letter to the members of the Senate Judiciary Committee, recommending questions for the Senators to ask during the hearings (see below for a full list of questions).  If your Senator is on the Judiciary Committee (click here for a list of members), you can use the RAC's system to send an email, encouraging him or her to consider the Reform Movement's questions.

POTENTIAL QUESTIONS FOR JUDGE SOTOMAYOR
FROM THE RELIGIOUS ACTION CENTER OF REFORM JUDAISM

• Do you agree with the decision in Hein v. Freedom from Religion Foundation that taxpayers do not have standing to challenge Executive Branch funding of religious institutions?  Does the Establishment Clause allow for direct funding of any sort of religious activity?  Indirect funding?

• Based on your understanding of the Establishment Clause, does the First  Amendment permit federal, state or local governments to display  religious monuments and symbols --such as Christian crosses, Ten  Commandments monuments and plaques, menorahs, nativity scenes, etc.-- in  a non-museum or non-library setting?

• How does your religious background affect your approach to cases that come before you?

• Do you believe that certain rights exist that are not directly enumerated in the Constitution?  How would you go about "finding" them?

• Do states have a right to define marriage as solely between a man and a woman?  What should be the Federal role concerning marriage?

• Was the Defense of Marriage Act a proper exercise of Congress's Commerce Clause power?

• Do you think there should be a different level of constitutional scrutiny for laws that restrict sexual freedoms (e.g., sodomy laws) than for laws that restrict economic freedoms (e.g., limits on executive compensation).  If so, why?

• Is Section 5 of the Voting Rights Act still necessary?  Is it Constitutional?

• Do you agree with the Roper v. Simmons decision that the death penalty for individuals who have committed crimes before the age of 18 is cruel and unusual punishment?  In what other circumstances could the death penalty be considered cruel and unusual punishment?

• Do you agree with the Boumediene v. Bush decision that enemy combatants held at Guantanamo bay have a right to habeas corpus? Under what circumstances would you expand the holding in Boumediene to grant habeas corpus to other combatants imprisoned or incarcerated by U.S. military forces?  Would it make any difference if they were citizens or non-citizens?

• Which government agencies have the power to enforce the Clean Water Act and other environmental legislation?

• Under what circumstances do you affirm the right of a woman to choose not to have a baby?

• Do you believe that the Americans with Disabilities Act was a legitimate exercise of Congress's power to remediate discrimination against people with disabilities?

• Please discuss your consensus-building abilities.  How, as a Supreme Court justice, would you go about working with your colleagues to gain support for your views?