A visiting fellow with the Independent Women’s Forum believes Sonia Sotomayor will be a controversial pick for both Democrats and Republicans.

According to Sabrina Schaeffer of the Independent Women’s Forum, President Obama’s nomination of Sonia Sotomayor contradicts his own statement that he wants a judge who will uphold the Constitution and be empathetic. Schaeffer contends that you can have one or the other, but not both.

She notes that in a YouTube video, Sotomayor made the controversial claim that appeals court is where policy is made, which Schaeffer contends is explicitly unconstitutional in nature.

Sabrina Schaeffer (Independent Women’s Forum)”The fact is that she’s made many statements that are very concerning, emphasizing that her Latino background as well as her role as a woman may make a difference in her judgment,” Schaeffer points out. “The fact that…she believes that somebody’s identity, their gender, their national origins are all things that should influence someone’s judgment — this is concerning to conservatives, and it certainly should be concerning to all Americans.”

Although some liberals have voiced some concern over Obama’s pick, Schaeffer believes Sotomayor will be confirmed.