I think Eugene is right. There are many cases in which text and intent are far from clear, and many areas of law in which judges are invited to make policy choices. Even aside from the fact that Judge Sotomayor was telling a joke -- and that her characterization of the Supreme Court strikes me as positive rather than normative -- her comments here hardly strike me as objectionable.
Volokh on judging and "policy"
- Tennessee: The 'vacancy crisis'
- Sen. Graham's curious praise for the ABA
- What's at Stake in 2012: The Lower Courts
- What's at Stake in 2012: The Supreme Court
- Supreme Court Takes A Bite Out Of Double Jeopardy
- NY Times partisan hackery department: filibuster division
- Reuters fact check
- Rejection of D.C. Circuit nominee may shift judicial nomination practices
- ABA opposes substantial number of Obama Administration's potential judicial nominees
- WSJ on John "Jack" McConnell (D.R.I.) nomination
- Around the web, February 10
- Judicial confirmations
- "Lawyering unto perdition"
- More on the John McConnell (D.R.I.) nomination
- Around the web, August 30
Center for Legal Policy at the