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Should we expect (or hope) any Sotomayor surprises this week?

By Douglas A. Berman

As detailed in this latest Washington Post piece, everyone inside the Beltawy is "geared up this morning for a historic Supreme Court confirmation battle as Sonia Sotomayor prepared to take her seat in front of the 19 members of the Senate Judiciary Committee."  I plan to watch some of the festivities, though I fear they will prove to be a bit boring.  Indeed, I am worried that I will be watching like a sometimes NASCAR fan, more interested in seeing some fiery wrecks rather than a lot of smooth driving.  I am not rooting for, or in any way expecting, Judge Sotomayor to hit a wall as she navigates through these confirmation hearings (indeed, I signed a letter supporting her confimation).  Rather, I am principally rooting for the misguided epitaph of "judicial activism" to become engulfed in flames as Judge Sotomayor gets pressed by Republicans for why she was not more eager to declare unconstitutional a New York restriction the popular gang weapon known as a nunchaku (the Maloney case) or public hiring plans (the Ricci case)...continue to full post

Full post as published by Sentencing Law and Policy on July 13, 2009 (boomark / email).