Sotomayor's quote that went round the world?

[Reason]

Here is the quote in context,

All of the legal defense funds out there, they’re looking for people with Court of Appeals experience. Because it is — Court of Appeals is where policy is made. And I know, and I know this is on tape and I should never say that, because we don’t make law. I know. OK, I know. I know. I’m not, I’m not promoting it and I’m not advocating it. I’m, you know. OK. Um. [Laughs]

YouTube - Judge Sonia Sotomayor: Court is Where Policy is Made

She’s not saying she was joking; she is actually saying: OK, I just realized that the truthful statement I just uttered is something I’m not supposed to say.

When it’s understood in its proper context, it’s not quite as bad as it sounds.

She was distinguishing between the role of district courts (which by and large don’t worry about the policy implications of their rulings) and that of appellate courts (which have to worry about how the principles they enunciate will apply to future cases).

She worded the concept especially badly — something she quickly recognized. But that’s not the same as saying she was joking. She just said it really, really badly.

TYT thoughts on Sotomayor attacks

YouTube - GOP's Dirty Attacks Against Sotomayor

[acptulsa]

Excoriated for being a little honest and letting some truth out. Business as usual in Washington and the press corps.

[Reason]

Excoriated for being a little honest and letting some truth out. Business as usual in Washington and the press corps.

It does seem that way.

[Eric Arthur Blair]

RUBBISH. She let the cat out of the bag then beat it to death with a stick and the audience just laughed. Also I love how this Hispanic women with her superior life experience, wisdom and knowledge then a white man as she has said, the second she realised she screwed up.

What did she do? She instinctively turned to the White male beside her and desperately tried to rope him to what she just admitted. To deflect and expunge some of the error onto him. Thankfully, he just set there, cool as a cucumber and ignored her as the dangerous idiot that she is.

[Reason]

RUBBISH. She let the cat out of the bag then beat it to death with a stick and the audience just laughed.

There was never any cat in a bag...

The difference between the role of district courts and appellate courts is common knowledge to anyone that works in that field.

The only reason this whole quote isn't dismissed by the public is that the public is not familiar with the differences between district and appellate.

[acptulsa]

There was never any cat in a bag...

Absolutely. How do you write a law so that there's absolutely no room for interpretation? Using mere language, I don't think it's possible.

[Reason]

Absolutely. How do you write a law so that there's absolutely no room for interpretation? Using mere language, I don't think it's possible.

yeah, this morning I was having a conversation about this quote and I said "so how do you make a ruling on something like roe v wade and not change policy?"

[Eric Arthur Blair]

There was never any cat in a bag...

The difference between the role of district courts and appellate courts is common knowledge to anyone that works in that field.

The only reason this whole quote isn't dismissed by the public is that the public is not familiar with the differences between district and appellate.

For Gods sake she admitted it, then worried about the fact it was caught on tape. Judges DO NOT make laws. She says they do (but just don't tell anyone). And in this quote she was referring to appeal courts not district, (you need Appeal court experience, because that's where policy (law) is made, is exactly what she said). Telling future lawyers, your important and you better know it because we make the law!

[Reason]

we make the laws!

No.

certain courts absolutely make or break policy whether you like it or not.

[acptulsa]

For Gods sake she admitted it, then worried about the fact it was caught on tape. Judges DO NOT make laws. She says they do (but just don't tell anyone).

Well, yes. Congress was intended to make the laws, and the judicial--specifically the appellate courts--were designed to interpret them and make them work--right in the Constitution right from the start (and to strike those laws if they contradict the Constitution). There's no news here at all. It's just that 'activist judges' has been bandied about as a dirty word over here for some little time now, and she seems to have momentarily forgotten that.

Doesn't make me believe she's the sharpest tool in the shed, but there's just no denying that the way a law is interpreted has as much of an effect on it as how it is written.

[Eric Arthur Blair]

Well, yes. Congress was intended to make the laws, and the judicial--specifically the appellate courts--were designed to interpret them and make them work--right in the Constitution right from the start (and to strike those laws if they contradict the Constitution). There's no news here at all. It's just that 'activist judges' has been bandied about as a dirty word over here for some little time now, and she seems to have momentarily forgotten that.

Doesn't make me believe she's the sharpest tool in the shed, but there's just no denying that the way a law is interpreted has as much of an effect on it as how it is written.

She didn't tell these young trainee lawyers that the Appellate court is where policy is interpreted (we strive to get the true meaning the law makers intended). She said, WE make the law.

[Reason]

She said, WE make the law.

No, actually she didn't.

In fact, she specifically stated "we don’t make law"

[Eric Arthur Blair]

No, actually she didn't.

In fact, she specifically stated "we don’t make law"

no, she said, I have been caught on tape and now my chances of getting on the supreme court have been greatly diminished, but please forgive me and like me because I'm a women and we are cute and nice and friendly and I'm a minority and we unlike White men are allowed to make mistakes and get away with it.

So I will now be all cutesy and goof around in way that if a white man did, he would be instantly dismissed as a *** and a pathetic loser, while I joke and backtrack and the American legal system or what remains of it burns to the ground.

Also. She 100% did NOT say "we don’t make law" she said we do make law but I'm not 'promoting it or advocating it' just going along with it as you will be expected to if you wish to have any kind of successful legal career.

[devil21]

Im amazed anyone could defend her comments.

Where was her mention that she is supposed to interpret the Constitution? No where. She plainly says that it is the appeals court job to "make policy". NO IT IS NOT! The appeals court's job is to review the lower court's rulings to determine if it was a constitutional and legal ruling. Nothing more, nothing less. Setting "policy" is the job for the Executive. Setting "law" is the job of the Legislative. The Judicial's role is neither. Her statement is an admission that federal judges form their opinions based on the administration that appointed them.

Say hello to Obama's top activist judge. Can't wait to see her rulings on the constitutionality of the eventual amnesty law and the subsequent challenges.