Tuesday, December 28, 2010

Some things are becoming tolerably clear.

At her confirmation hearings last year, Sonia Sotomayor spent a lot of time assuring senators that empathy would play no part in her work on the Supreme Court. That was a sort of rebuke to President Obama, who had said that empathy was precisely the quality that separated legal technicians like Chief Justice John G. Roberts Jr. from great justices. Justice Sotomayor would have none of it. “We apply law to facts,” she told the Senate Judiciary Committee last year. “We don’t apply feelings to facts.” We are now three months into Justice Sotomayor’s second term on the court. That is awfully early in a justice’s career to draw any general conclusions. But some things are becoming tolerably clear. Justice Sotomayor has completely dispelled the fear on the left that her background as a prosecutor would align her with the court’s more conservative members on criminal justice issues.

Justice Samuel A. Alito Jr. is in some ways Justice Sotomayor’s ideological and temperamental counterpart. In an amusing and astute post on his legal blog, Mike Sacks said the two justices had become “their sides’ enforcers.”

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