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Sotomayor nomination roundup



  • Behind the now-famous 2001 Berkeley speech (on which, see Ilya Somin and Rod Dreher), lurk the issues raised by Legal Realism, and no, just because many prominent legal scholars from Jerome Frank through Richard Posner have adopted Realism doesn't mean the debate on that is over.
  • "I strive never to forget the real-world consequences of my decisions on individuals, businesses and government," she said. Perhaps I'm reaching, but my first reaction was that it would have been easy enough for her to stop that sentence at "individuals"; by not stopping there, Sotomayor was signaling that she does not want to be taken for the sort of empathy-driven jurist that some commentators dread and others hope for.
  • "Appointed by Republican President Bush Sr." one of the less impressive White House talking points, it was as part of the Dems' share of a Rep/Dem appointment deal [McCarthy/NRO]
  • Let's hope so: on international law, is Judge Sotomayor a "closet sovereigntist"? [Julian Ku, Opinio Juris; via]
  • The one case of hers of which I've been most sharply critical over the years is Bartlett v. Bar Examiners, the famously long-drawn-out disabled-rights case in which Judge Sotomayor ruled that a seriously learning-disabled bar applicant who'd already failed the bar exam several times with extensive accommodations was legally entitled to yet further chances and accommodations. I wrote up the case here and here, among other places; Jim Dwyer of the Times has an account that is much more sympathetic to Bartlett's cause.
  • Arroz, gandoles y pernil: Her reasonably cool designer-handbag civil practice [NLJ]; Obama's advise-and-consent milestone [Turkewitz]. And Prof. Bainbridge, whose conservative credentials few would dispute, takes much the same view as seems reasonable to me.

 

 


Rafael Mangual
Project Manager,
Legal Policy
rmangual@manhattan-institute.org

Katherine Lazarski
Manhattan Institute
klazarski@manhattan-institute.org

 

Published by the Manhattan Institute

The Manhattan Insitute's Center for Legal Policy.