Bench Memos

Sotomayor Hearing—Cornyn’s Round 3

Another feeble answer from Judge Sotomayor about her statements contesting the possibility of objectivity in judging.

Cornyn asked Sotomayor to reconcile her testimony on foreign law with her April speech or to say which she stands by.  Sotomayor said she stands by both, tried to explain her peculiar use of “use.”  What an embarrassing muddle.  It now seems that Sotomayor may just be trying to say that foreign law shouldn’t be binding, shouldn’t in and of itself be outcome-determinative.  If that’s her limited position (which would be of no comfort), why the heck can’t she say it clearly?

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