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Justice Souter and his replacement, cont'd

The Volokh Conspiracy is your one-stop shop: Jonathan Adler finds examples of cases where Souter cast a deciding majority vote that an Obama-picked replacement might reverse -- including, very notably, cases applying limits to punitive damages. (He also cites mini-symposia on the vacancy in the Washington Post and New York Times). Orin Kerr makes the case for understanding Souter not as centrist-to-liberal, but as, well, just plain liberal; he and Justice Ginsburg voted together more than any other two Justices. Other posts offer insights about the views of such frequently mentioned candidates as Elena Kagan and Merrick Garland, while David Kopel briefly notes the Second Amendment views of Garland, Sonia Sotomayor, Cass Sunstein et al. (which mostly signal narrow, if any, support for an individual-rights view of the Amendment).

Separately, Stuart Taylor, Jr. devotes a National Journal column to the topic; as he notes, Second Circuit Judge Sonia Sotomayor is drawing particularly heavy fire from critics, in part because of her role in reviewing the New Haven reverse-discrimination case, Ricci v. DeStefano, now before the U.S. Supreme Court.

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Rafael Mangual
Project Manager,
Legal Policy

Katherine Lazarski
Manhattan Institute


Published by the Manhattan Institute

The Manhattan Insitute's Center for Legal Policy.