If I heard her properly (I’ll check the transcript when it’s available), Judge Sotomayor wrongly contended that Marbury v. Madison established that the Constitution means whatever the Supreme Court says it means. She also engaged in a lot of word play about how nothing the Court ever does amounts to creating new rights.
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About the Author
Ed Whelan holds the Antonin Scalia Chair in Constitutional Studies at the Ethics and Public Policy Center and is a regular contributor to National Review’s Bench Memos blog.
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