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May 26, 2009

The Sotomayor Decision Pro-Life Groups Like

In 2002, she rejected a challenge to Bush's Mexico City Policy.

Shortly after President George W. Bush reinstituted the Mexico City Policy (which bars government funds to groups that support or perform abortion), the Center for Reproductive Law & Policy sued.

The pro-choice group's argument was that the Mexico City Policy unconstitutionally violated rights of speech (since it couldn't "actively promote" abortion) and association (it couldn't work with abortion rights advocacy groups overseas) as well as the constitution's Equal Protection Clause (it wasn't on "equal footing" with prolife groups in competing for funds).

When the case came before the Second Circuit Court of Appeals, Judge Sonia Sotomayor (whom President Obama this morning nominated to the Supreme Court) ruled against the Center for Reproductive Law & Policy.

"The Supreme Court has made clear that the government is free to favor the anti-abortion position over the pro-choice position, and can do so with public funds," Sotomayor wrote.

Does that mean she's pro-life? No. It means she had read Rust v. Sullivan, the 1991 Supreme Court's decision that said Congress could prohibit federal funds for "programs where abortion is a method of family planning."