Let me start with the obvious conclusion that anyone would draw
if they were to get to know Judge Sotomayor and her work both
intimately and deeply: she is an absolutely brilliant
jurist and an absolutely brilliant person...
I count myself privileged to have worked closely with some of
the very best minds in the world... Judge Sotomayor stands out
from among these people as one of the very brightest; indeed,
she is in that rarified class of people for whom it makes sense
to say that there is no one genuinely smarter... Judge
Sotomayor is much smarter than most people in the legal
academy, and much smarter than most judges who are granted
almost universal deference in situations like this. And while I
have worked with numerous people who are thought of as some of
the best minds in the nation, and about whom the question of
brilliance would never even arise, most of them are-quite
frankly-pedantic in comparison.
Sotomayor is so smart that even the world's smartest people
aren't smart enough to comprehend her towering smartness!
Snark aside, the comments to Kar's post recommend a couple of
Sotomayor's dissents as examples of her thinking. Her dissent in
Hankins
v. Lyght is indeed persuasive, and I suspect it will be
passed around by her advocates in part because it uses the words
"judicial restraint." (Suffice it to say that the majority
opinion is a convoluted mess, and one needn't be "absolutely
brilliant" to take it apart.)
Croll v. Croll, on the other hand, is more problematic;
her analysis of the issue at hand isn't implausible, but I'm
bothered by her thinly-veiled contempt for the majority's
straightforward textual analysis of the relevant treaty
(governing child custody cases that cross international borders)
and her willingness to pick the precedents in foreign caselaw
that suit her and dismiss those that don't.
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tonypal| 5.7.09 @ 10:06AM
Perhaps an investigation into Mr. Kar's intellect is called for.
Karen| 5.7.09 @ 1:09PM
Mr. Tabin, do you even have a law degree? Have you ever been a
judge? It's amazing to me how you feel entitled to call one of
Sotomayor's rulings "problematic" when you don't even have the
education or experience to analyze it properly.
Let us be clear here; whatever Sonia Sotomayor's qualifications,
she needs to clear up a controversy about herself. The question
is why did Sonia Sotomayor not look into allegations of
misconduct against Rosemary Pooler, whom she supervised prior to
Pooler becoming a Second Circuit judge?
Pingback| 5.7.09 @ 6:40AM
More on Sonia Sotomayor | But As For Me links to this page. Here’s an excerpt:
tonypal| 5.7.09 @ 10:06AM
Perhaps an investigation into Mr. Kar's intellect is called for.
Karen| 5.7.09 @ 1:09PM
Mr. Tabin, do you even have a law degree? Have you ever been a judge? It's amazing to me how you feel entitled to call one of Sotomayor's rulings "problematic" when you don't even have the education or experience to analyze it properly.
White male entitlement is too much...
Loren Christian| 5.11.09 @ 3:51PM
Let us be clear here; whatever Sonia Sotomayor's qualifications, she needs to clear up a controversy about herself. The question is why did Sonia Sotomayor not look into allegations of misconduct against Rosemary Pooler, whom she supervised prior to Pooler becoming a Second Circuit judge?
Xanthippas| 5.14.09 @ 9:26AM
You might find his more recent writing on Sotomayor more interesting.
http://prawfsblawg.blogs.com/prawfsblawg/2009/05/after-15-years-of-excellence-sonia-sotomayor-suddenly-became-a-dumb-bullybut-only-just-before-the-la.html
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