Kresta in the Afternoon – May 26, 2009 – Hour 2

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    First Topic – Sotomayor and social issues

    President Barack Obama called Judge Sonia Sotomayor at 9 p.m. on Memorial Day to say she was his pick for the Supreme Court. Sotomayor’s record on the divisive issue of abortion is murky. In 17 years on the federal bench, she has issued no opinions dealing directly with abortion rights. And in two cases dealing tangentially with the issue—involving anti-abortion protesters and the government right to limit abortion-related speech by foreign recipients of U.S. aid—the appeals court judge’s ruling favored abortion opponents. Still, anti-abortion forces are convinced that Obama would not nominate Sotomayor without being confident that she supports abortion rights. Hadley Arkes is here to look at her record.

    Second Topic – Victory for Prop 8 – Where Does the Fight Go From Here

    The California Supreme Court upheld a voter-approved ban on same-sex marriage Tuesday, but it also decided that the estimated 18,000 gay couples who tied the knot before the law took effect will stay wed. The 6-1 decision rejected an argument by gay rights activists that the ban revised the California constitution's equal protection clause to such a dramatic degree that it first needed the Legislature's approval. The court said the people have a right, through the ballot box, to change their constitution. How big is this victory and where does the battle go from here? Maggie Gallagher has the answers.

    Third Topic – Kresta Comments

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