I must have been sick that day in law school

You know, the day the professor gave that aside where he said, 'look, disregard everything I'm teaching you about the rule of law, the role of the legislature, and the Constitution. The judicial branch is the most important one- it's where the policy is made.' That's probably why I felt like everyone else knew something I didn't. Huh.

Judge Sotomayor at Duke Law School in 2005:



There's a lot of talk going around about prospective Justice Sonia Sotomayor and speculation about how she'll act if she gets approved. One comment I've seen made consistently is not concerning her views, but about the blantant manner she expresses them.

From Brad at TLP:

From our newly-named nominee to the Supreme
Court:

I would hope that a wise Latina woman with the richness of her experiences would more often than not reach a better conclusion than a white male who hasn’t lived that life.

Three problems with this:
1) Who is to say that the experiences I have, as a white male, aren’t rich?
2) Why do the proper adjudication of questions on law change based on the “richness of experience” of the judge?
3) What is a “better conclusion”? According to whom?

About the only way that such a statement makes sense is if you assume that the role of a judge is more “nuanced” than simply to apply the law dispassionately and predictably, but rather to enforce “social justice”. I am, of course, not surprised by such a conclusion from one of this administration’s nominees. But I’m a little surprised that it’s stated this blatantly.

I am not sure yet what this says for the future of our judiciary. Considering the way the rest of the government is turning, it's getting pretty scary to contemplate.