Bench Memos

Sotomayor Hearing—Feingold’s Round 1

Senator Feingold devoted most of his questioning to issues involving executive power and national security.  Asked about the recent series of Supreme Court cases (Hamdi, Hamdan, Rasul, and Boumediene), she said that the Court was doing its task as judges.

Sotomayor also testified that the deplorable ruling in Korematsu was wrongly decided.  I wonder how she’ll draw the line between those precedents whose correctness she’ll address and those she won’t.