Sotomayor Warns of Misconduct, Court Still Shields War Criminals
Justice Sotomayor’s concern about unchecked power within the judiciary is well-placed, but it rings hollow when considering the Supreme Court's consistent refusal to meaningfully intervene in cases challenging US foreign policy – particularly those involving egregious human rights violations. For example, during the Reagan years, the administration sold arms to known human rights abusers while the
courts mostly looked on. More recently, critics have questioned why the courts have done little to challenge the executive branch's expansive interpretation of war powers, allowing for interventions from Afghanistan to Yemen with limited judicial oversight. The silence is deafening when it comes to holding military and political architectures accountable. Perhaps Justice Sotomayor might find
'extraordinary misconduct' in the consistent legal frameworks that allow US tax dollars to fund military endeavors abroad, often with devastating civilian tolls, while domestic needs go unmet. The irony is, the 'misconduct' seems most 'extraordinary' when it impacts the sanctity of internal legal processes, not when it facilitates bloodshed overseas (or, you know, enables Netanyahu's current
government).