This remark reveals a philosophy of jurisprudence that is very problematic. The judge’s role, according to Sotomayor, is not merely to apply the law to a given case but to make public policy. Perhaps she didn’t mean to imply that this is the way things should be, but just the way that things are. I expect that we’ll be seeing debate over this remark in the coming days during the confirmation hearing.
Sotomayor: “Court is where policy is made.”
About Denny Burk
I am an Associate Professor of Biblical Studies at Boyce College, the undergraduate arm of the Southern Baptist Theological Seminary in Louisville, KY.