Letter to Senator Cornyn

Honorable Sir,

I am writing you regarding the impending appointment of Judge Sonia Sotomayor to the Supreme Court.  I realize this cannot be stopped, nor would the Republicans want to fight it too hard, given the political volatility therein.  Republicans can, however, challenge Sotomayor on her judicial record, which is questionable.

There are two particular cases Judge Sotomayor oversaw that should garner attention.  One of them, the Ricci case, is already front and center.  I am writing you with regard to the second, and that is the Didden v. Village of Port Chester case of 2006, which allowed the condemnation of Didden’s property, similar to that in the 2005 Kelo vs. City of New London case, on which Didden planned to build a CVS, so that the Village of Port Chester could sell it to a developer, who built a Walgreen’s in its place.  The 3-judge panel, in which Sotomayor concurred, cited judicial precedence in the Kelo case, stating, “We agree with the district court that the voluntary attempt to resolve appellants’ demands was neither an unconstitutional exaction in the form of extortion nor an equal protection violation.”

On Tuesday, Radley Balko of Reason magazine called this “state-sanctioned extortion.”  Richard Epstein of Forbes magazine wrote, “American business should shudder in its boots if Judge Sotomayor takes this attitude to the Supreme Court.”  The Didden case is worse than the now famous Kelo case, due to the added element of extortion.  Justice O’Connor, in dissent to the Kelo case, argued that the case eliminated “any distinction between private and public use of property — and thereby effectively deletes the words ‘for public use’ from the Takings Clause of the Fifth Amendment.”  The Didden case, which Sotomayor oversaw, did the same.

On behalf of founders’ intent, the Fifth Amendment, free market capitalism (which depends on the possession of personal property), more than 300 million Americans, and everything they own, Judge Sotomayor needs to be challenged on her understanding of property rights before being appointed to the Supreme Court.

Good luck, and remember, even if you can’t vote ‘No,’ you don’t have to vote ‘Yes.’  Enough Senators not voting would silently make a statement of opposition.

Thanks for your service, and good luck building your Caucus.  Feel free to contact me any time; I’m in the area.

Very respectfully,

Travis Thornton

Registered voter of Liberty, Texas

Displaced currently in Alexandria, Virginia