In
this video clip, Sonia Sotomayor, a judge on the U.S. Court of
Appeals for the Second Circuit widely viewed as a short-listed for the
Supreme Court, says that the courts of appeals are "where policy is
made. [What? I didn't say that ... ha-ha-ha]
Here's how the law firm of Eugene Volokh and Associates views it. Jonathon Adler, writes
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Some seem to think that this is a damning statement and evidence of
closet "judicial activism." I don't. As presented in the clip, it seems
to be nothing more than an observation that, as a practical matter,
many policy disputes are resolved in the federal courts of appeals.
This is an indisputably true observation. Moreover, the fact that many
policy disputes are resolved in federal appellate courts does not mean
that judges are resolving those cases on policy grounds. Litigation
over the interpretation or implementation of a federal statute will
have significant policy implications -- and deciding the case will, in
many instances, "make policy." But this is wholly consistent with the
idea that a judge's responsibility is to interpret and apply the law
without regard for those policy consequences
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blah-blah-blah. That it happens to be true does not make it less repugnant. Nor does
it make arguments for dismantling this stinking system down to
its frame and rebuilding it less inviting. Anyway, with Obama it's a given
that we'll get another leftist ideologue like whats-her-face with
cancer? I want to live in a state where gummint ignores the SCOTUS when it oversteps, and issues Jackson-like retorts like --"John Marshall has made his decision; now let him enforce it!"
I want enough people to feel the same way so that it happens. Texas? South Carolina? Please, somewhere that's not cold, so MoSup will go
with me.
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