Whereas Fox News appears to have read Supreme Court nominee Sonia Sotomayor’s 2003 lecture to Indiana University law students as an approval of broad executive power in the war on terror, Charlie Savage at The New York Times today has the opposite take.
According to Savage, Sotomayor “expressed skepticism” in that lecture “about the expanding government surveillance power in the USA Patriot Act.” He quotes Sotomayor saying “Whether and how these statutes will be challenged in court is difficult to discern, but suffice it to say that traditional Fourth Amendment law does not permit searches and seizures without particularized suspicions of illegality.”
These remarks “represent the most detailed indication to surface so far of her approach to executive power and counterterrorism,” Savage writes.
Savage has been an astute reporter on these issues, and not surprisingly, his observation here was presented in the relevant context of the lecture that she was giving. (That’s not true of the Fox News report, as I mentioned earlier.)
I’ll have more on Sotomayor’s views on executive power — and a key case she ruled on that the media has largely overlooked — later today.
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