Sonia Sotomayor continues to prove she is not fit to serve on the SCOTUS

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According to reporting from both CNN and The Washington Post, Sotomayor recently offered what can only be interpreted as a substantive public policy position on S.B. 8, Texas' recent pro-life fetal heartbeat law that has garnered much national attention. That Sotomayor would now offer a forthright political opinion on the topic is hardly unexpected: She dissented from the Court's correct recent decision to deny Texas pro-abortion plaintiffs' emergency request to enjoin any enforcement of S.B. 8, lambasting the law at the time as "flagrantly unconstitutional."

Speaking at an American Bar Association event about diversity, the loose-lipped jurisprude allegedly said, according to CNN: "You know, I can't change Texas' law, but you can and everyone else who may or may not like it can go out there and be lobbying forces in changing laws that you don't like." Perhaps then realizing in real time that she had overstepped, Sotomayor allegedly then tried to half-walk back her comment: "I am pointing out to that when I shouldn't because they tell me I shouldn't. But my point is that there are going to be a lot of things you don't like."

It is difficult, likely impossible, to interpret these comments as anything other than Sotomayor actively encouraging the ABA audience to work to alter or repeal S.B. 8. Under standard canons of judicial ethics and federal law (28 U.S.C. § 455) itself, Sotomayor should now be forced to recuse from future S.B. 8 litigation at the Supreme Court. She almost assuredly will not do so, of course.

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