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Sotomayor and IBD: Of Law and Opinion

May 31st 2009 04:49
The Investor’s Business Daily has weighed in on the Sotomayor nomination to the Supreme Court. I’ll give you three guesses which side they’re on, and the first two don’t count.

Sotomayor: Of Fish And Men

This is another confusing one from IBD. I always thought an activist judge was someone who put their own personal opinions ahead of what the law says. And yet, in criticizing Sotomayor’s decisions, the article cites very little from the laws cited in those decisions. Did she put her own views ahead of the law as written? From reading the article, how can you tell? In making their case on the basis of their own views, the IBD editors do exactly what they claim Ms. Sotomayor did: “It’s wrong because we say it is!”

As for the decision that was overturned on appeal, that’s hardly unusual. As many know by now, Bush-appointed Justice Samuel Alito, when he was on the 3rd Circuit Court of Appeals, ruled on two cases which later came before the Supreme Court. Both were over-turned. Does the Investor’s Business Daily think he should step down?
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