Sotomayor's candidacy, Franken said, "comes at a critical moment for the Supreme Court." The current Supreme Court, he asserted, repeatedly has "struck down and questioned longstanding critical protections for Americans," including reversing the protection of women's health in the regulation of reproductive rights; almost overturning critical portions of the Voting Rights Act; reversing the ban on price-fixing under the Sherman Act; making it difficult to sue for age discrimination in the workplace; and moving toward overturning campaign finance law under the Tillman Act.
Franken accurately declared, "This is judicial activism." He specified that the Court is willing to overturn Congress and the Court's previous rulings to achieve its ends. Franken supported Sotomayor as a fair, objective judge who will stand against such activism.