Pro-Abortion Senator, Ex-Law Partner: Sonia Sotomayor Will Support Roe v. Wade

National   |   Steven Ertelt   |   May 29, 2009   |   9:00AM   |   WASHINGTON, DC

Pro-Abortion Senator, Ex-Law Partner: Sonia Sotomayor Will Support Roe v. Wade

by Steven Ertelt Editor
May 29
, 2009

Washington, DC ( — As advocates on both sides of the abortion debate wonder where Sonia Sotomayor may come down on the controversial Roe v. Wade case, a former law partner and the top pro-abortion member of the Senate have no doubt that she will side in favor of upholding the decision allowing more than 50 million abortions.

Sotomayor, whom pro-abortion President Barack Obama named to the Supreme Court to replace retiring pro-abortion Justice David Souter, has little in the way of an abortion record.

However, Sen. Barbara Boxer, who has long been one of the top abortion advocates in the Senate, says she has little doubt Sotomayor will back abortion.

"I feel as comfortable as I could possibly feel," Boxer told the Washington Post.

In fact, Boxer is so comfortable with Sotomayor’s abortion position that she doesn’t plan on asking her about abortion when the two meet privately, as the nominee will do with most members of the Senate.

Her comments to the newspaper echo those she made in an interview with the Rachel Maddow Show on MSNBC shortly after Obama announced the nomination.

"I think she’s probably going to wind up in the mold of a Souter," Boxer said. "And if you look at some of her rulings and some of the things she said, I have a good feeling about her. But no one can predict with certainty."

Someone who can make a more certain prediction is George Pavia, senior partner in the law firm that hired Sotomayor as a lawyer before her days on the bench. He told the Post there is no doubt Sotomayor is pro-abortion.

"I can guarantee she’ll be for abortion rights," Pavia said.

Meanwhile, a longtime attorney friend has talked with the New York Daily News about Sotomayor’s abortion views.

"Years ago, we spoke about abortion, about how difficult a choice it is," Dawn Cardi told the newspaper.

Asked if Sotomayor believes in a so-called right to an abortion, Cardi said, "She will follow what she thinks is the law on that, and her personal beliefs will not interfere with that analysis because my view of her is that she does not allow her personal beliefs to interfere with her analysis of legal issues."

"It’s an open question," Cardi insisted. "She will keep an open mind and she will hear all sides and decide, I think, based on what she analyzes the law requires."

"She will give very strong consideration to precedent," Cardi said. "I think that’s very important to her.

Sotomayor has appeared to have come down on the pro-life side of the debate on three occasions — concerning the Mexico City Policy, a protest case, and asylum for the spouses of women facing forced abortions under China’s population control regime.

Though she is no judicial tyro, her 17 years of judicial experience have never put her in the position of deciding cases that deal with abortion law and policy or the central tenants of Roe and its Doe v. Bolton companion case. As a result, no observers expect those decisions to reflect her decision-making on the Supreme Court.

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