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Sotomayor the Realist?

By Alliance Alert

Kevin Gutzman writing at Human Events: "Sotomayor is a devotee of Legal Realism. That early-twentieth-century school of judicial thought amounts to this: Judges bound by law? Get real! In a 1996 speech at Boston?s Suffolk University Law School, Sotomayor embraced the main tenets of Legal Realism: that law is perforce indeterminate, and that lawyers? role must be to shepherd the legal system to more and more progressive pastures. She encouraged her audience to teach non-lawyers that there was no avoiding the indeterminacy of the law, and so that indeterminacy ought to be taken as a perpetual invitation for judges to better society."

Full post as published by Constitutionally Correct on June 16, 2009 (boomark / email).