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?

Most Popular

Economy & Business

The Compulsory Society

Vox may still be keeping up its risible just-the-facts posturing, but it is tendentious to the point of dishonesty: “Colorado baker who refused to serve gay couple now wants to refuse to serve transgender person,” it says. That is not true, of course. (But everybody knows that.) Phillips serves ... Read More

The Maker of Middle-earth, in Gorgeous Detail

Oxford, England — After five months of ferocious and futile slaughter in “the Great War,” an Oxford undergraduate — knowing his deployment to the Western Front was inevitable — used his Christmas break in 1914 to cultivate his imagination. Twenty-two-year-old J. R. R. Tolkien began writing “The Story ... Read More