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Legal Commentary

: Althouse

The NYT asks "7 legal experts to pose the questions they would like to hear [Sonia Sotomayor] answer."

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There are: Stanford lawprof Kathleen M. Sullivan (who asks about the use of federalism to achieve progressive ends and the Supreme Court's response to the detainees), former secretary of homeland security Michael Chertoff (who asks about the influence of evidence, foreign law, and personal sympathy on judicial decisions), Yale lawprof Stephen L. Carter (who focuses on the limitations of the confirmation hearings, asks for the naming of a favorite Supreme Court Justice, and wonders whether Sotomayor will do something about the way these Supreme Court Justices today snipe at each other), former Attorney General Alberto Gonzales (who asks whether "there is a difference between doing justice and applying the law" and whether Justices should take into account the way the United States is perceived around the world and what the standard is for overruling precedent), NYU lawprof Ronald Dworkin (who goads Sotomayor into admitting that judges can't decide cases by just "applying the law" and that it's okay for for government to have race-based policies that "reduce racial inequality and tension"), author James MacGregor Burns (who asks if Sotomayor believes in the notion of a living Constitution and whether the Constitution should be changed to abolish the power of judicial review and to require Justices to retire at age 70)... and me, your humble lawprof blogger (asking whether Sotomayor meant that "wise Latina" remark to be taken seriously, whether the Supreme Court will be better with a diverse array of Justices, and whether we ought to take note of the "extreme overrepresentation" of Catholics on the Court).

Full post as published by Althouse on July 13, 2009 (boomark / email).

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