Bench Memos

Sotomayor Hearing—Coburn’s Round 2

Senator Coburn:  Will you affirm that you will refrain from using foreign law?

Judge Sotomayor:  I will not use foreign law to interpret the Constitution or American statutes, except where American law directs otherwise.

I guess that we’re supposed to conclude that she didn’t understand her own speech in April to the Puerto Rico ACLU?  Or that she has her own peculiar concept of what “interpret” means?

Coburn revisited abortion issue, highlighting how extreme Roe/Casey issue is, but elicited little from Sotomayor other than that the abortion controversy in this country hasn’t been resolved (contrary to the joint opinion in Casey, which contended that it was resolving it).

There will be a third round of 10-minute questioning.

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