Ethics

Sotomayor and Judges Making "Policy"

By Ed Brayton

Conservatives are making a huge deal out of the following statement made by Judge Sotomayor at a conference at Duke University in 2005:

"Court of appeals is where policy is made. And I know - and I know this is on tape and I should never say that because we don't make law, I know. OK, I know. I'm not promoting it, and I'm not advocating it, I'm - you know. OK. Having said that, the court of appeals is where, before the Supreme Court makes the final decision, the law is percolating - its interpretation, its application."

Full post as published by Dispatches from the Culture Wars on May 28, 2009 (boomark / email).