The Corner

Her Majesty Sonia Sotomayor vs. the Rule of Law

If you think that “the public fails to appreciate the importance of indefiniteness in the law” — including the “unpredictability” that results when judges “develop a novel approach to a specific set of facts or legal framework that pushes the law in a new direction” — then Sonia Sotomayor is the Supreme Court candidate for you

Given her preposterous vaunting of the supposed virtue of indefiniteness in the law, you can count on Sotomayor to produce lots of unpredictability. But don’t dare to offend Her Majesty by criticizing such assaults on the rule of law. You see, you just don’t understand.

Update/clarification:  I see that one blogger has taken umbrage at my referring to Sonia Sotomayor as Her Majesty and imagines that I’m trying to “undercut Sotomayor’s humble ascent from the housing project in the Bronx to her current eminence.”  Not at all.  Hers is an inspiring American success story.  As my hyperlinked Bench Memos post makes clear, I’m drawing on Sotomayor’s law-review article, “Returning Majesty to the Law and Politics:  A Modern Approach,” which (as I explain) indicates that Sotomayor is less interested in the majesty of the law than in the majesty of liberal activist judges.

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