Tuesday, May 26, 2009


Ace and crew (and many others) have been doing a good job at criticizing Sotomayor, so I'm not going to hack through everything here and reinvent the wheel.

This video is getting a lot of attention:

Now, the dirty little secret about philosophy of law is that there isn't a good way around the idea that judges, at least on occasion do make new law. Even the most conservative/originalist/positivist/whatever-ist judge, when faced with a true stumper, makes new law.

The difference is that liberal judges see this not as a bug, but a feature! Novel theories about liberty or justice are so flexible as to justify virtually anything the jurist desires. With Obama's appointment of Sotomayor we've discarded even the facade of intellectual justification for activism, opting instead for "empathy" and her life experience as a Latina.

Personally, I am much more offended by the reverse racism Sotomayor has displayed. But I'm not surprised by it. She's exactly the sort of person Obama is going to pick every chance he gets.

Oh, and somebody tell Miguel Estrada that it's cool to be a Latino nominee again, and that non-majority life experiences are important to good jurisprudence.

So, this Senator from Pennsyltucky casts a protest vote against Soto's nomination, though I'm not sure any other Obama nominee would be better.


Samay said...

How is it "reverse racism" to say you hope a Latina judge makes smarter decisions when Scalia and Alito give long speeches dedicated solely to the accomplishments of Italian judges, and how they're essential to American law as it exists now?

JoeCollins said...

I wasn't aware of that, and would disapprove of them doing so. However, I don't think they cited that as a plus towards their confirmations, and Nat'l Council of La Raza is a little different from anything the Italian guys might belong to. (Yes, I know there are two La Raza's and she's with the less crazy one.)

Then she and a few other students also got their own for-credit seminar to explore the Puerto Rican experience after denigrating Princeton as anti-Latino.

And then there's the Ricci case.