June 12, 2009

The National Association of Social Workers (NASW) applauds President Obama’s historic nomination of Sonia Sotomayor to the Supreme Court.  We appreciate Judge Sotomayor’s distinguished judicial record, highlighted by her respect for human dignity and the needs of all Americans.

The federal courts often are called the guardians of the constitution because their rulings protect the rights and liberties guaranteed by this most esteemed of documents.  For numerous Americans, the federal judiciary is the primary line of defense against violations of dearly held constitutional principles; for others, it is the final bastion of hope in a system that has marginalized them.

Judge Sotomayor has issued several rulings we support as social workers, and she has boldly dissented on cases in which individual rights were not fully appreciated by the majority.  For example, she has upheld the rights of citizens to sue corporations acting on behalf of the federal government when the corporation in question has violated the citizen’s rights.

In terms of dissenting opinions, Judge Sotomayor courageously supported the rights of adolescent girls whom she believed were needlessly strip searched in juvenile detention centers.  Although her colleagues disagreed, Judge Sotomayor’s dissent reinforced her regard for the safety and well being of all people.

Dr. Elizabeth Clark, NASW’s Executive Director, states that “Judge Sotomayor’s record encompassing 17 years as a federal judge, at both the district and circuit levels, in addition to her prosecutorial and corporate work, reflect a sophisticated grasp of legal doctrine and an astute awareness of the law’s impact upon average Americans.”

Additionally, Judge Sotomayor would bring increased diversity to the Court.  Like all deliberative bodies, the Court functions best when it considers a broad range of perspectives. This leads to rulings that cover the rights and interests of many oppressed, underserved, and underrepresented groups.  Judge Sotomayor’s decisions have proven that she is not just an example of such diversity, but also a champion of it.

“Judge Sotomayor’s life experiences and wealth of knowledge suggest that social work’s core values would be equitably represented in the Supreme Court deliberations,” said Clark.  “America deserves a justice of this enormous stature.”

Judge Sotomayor’s overall record demonstrates the judicial sensitivity NASW has always endorsed and valued.  The Association is actively supporting Sotomayor’s confirmation.

Take Action Today!

President Obama has selected his nominee for Supreme Court Justice to replace retiring Justice David Souter, Judge Sonia Sotomayor. We asked you earlier this month to contact President Obama and encourage him to nominate a candidate who reflects the diversity of this country. You responded and he listened. If confirmed, Judge Sotomayor will be the first Latina justice and the third female justice to serve on the court.

Action Requested
Please contact your Senators and ask them to confirm the appointment of Judge Sonia Sotomayor to the Supreme Court.  Click here to send your letter.

Background
Judge Sotomayor has an impressive resume’. She graduated from Princeton University and Yale Law School where she was an editor at the Yale Law Journal. She worked as an Assistant District Attorney in New York before entering private practice in 1984. She went on to be a federal trial judge on the U.S. District Court and a highly regarded and accomplished appellate judge on the U.S. Court of Appeals for the Second Circuit.

NASW believes that Judge Sonia Sotomayor’s compelling life story and her extensive, as well as distinguished, record of judicial service will serve the country well. The federal courts often are called the guardians of the Constitution because their rulings protect the rights and liberties guaranteed by this important document. For many Americans, the federal judiciary is the first line of defense against violations of dearly held constitutional principles; for others, it is the last bastion of hope in a system that has marginalized, mistreated or simply ignored them. The composition of the federal judiciary is a civil rights issue of great relevance to all Americans, because the individuals charged with dispensing justice in our society have a direct impact on civil rights for all. To this end, the federal judiciary must be perceived by the public as an instrument of justice, and the individuals who are selected for this branch of government must be the embodiment of equity as well as impartiality.

In her 17 years on the bench, Judge Sotomayor’s legal opinions reflect the passion and commitment to enrich the lives of ordinary Americans while, also, reaching conclusions that improve America as a country founded on Democratic ideals and principles. Judge Sotomayor and her extensive legal work, in the view of social work, appeals to our nation and can provide insight on those issues which divide America and undermine the lives of vulnerable populations. In our system of checks and balances, the Senate has the constitutional role to advise and consent on federal judicial nominations. NASW affirms that Judge Sonia Sotomayor meets the criteria that is appropriately applied to nominees to these positions and should be confirmed.

ACTION NEEDED - Take action now at http://capwiz.com/socialworkers/issues/alert/?alertid=13377841

Please contact your Senators today and urge them to sign the Specter, Harkin, Roberts, and Wyden Dear Colleague letter, asking President Obama to rescind the hospice rate cut regulation. This letter is similar to the House letter being submitted to President Obama, which garnered 169 signatures under the leadership of Representatives Van Hollen and Brown-Waite and with the support of NASW members. Without additional action, the moratorium on hospice rate cuts will expire later this year.

To send an e-mail: Click on Take Action and add your name to a draft letter, which you can edit and e-mail to your Senators.

Background
A CMS regulation to reduce Medicare reimbursement to hospices by phasing out the hospice Budget Neutrality Adjustment Factor (BNAF) over a three-year period took effect on October 1, 2008. Fortunately, the American Recovery and Reinvestment Act of 2009 included a provision to delay implementation of the rule until September 30, 2009, thereby allowing hospice programs to continue providing high-quality and compassionate end-of-life care to more than 1.4 million individuals and families each year.When the moratorium expires this autumn, however, the hospice rate cuts will be phased back in at an even greater magnitude for the next fiscal year. These cuts will cause many small, rural hospice programs to close their doors permanently, severely hindering patient access to essential services. Senators Arlen Specter, Tom Harkin, Pat Roberts, and Ron Wyden are circulating a letter to President Obama, asking him to rescind the hospice rate cut regulation immediately and enable hospices nationwide to continue fulfilling their crucial mission.