Sotomayor: Hard to Categorize

The Blog of Legal Times writes Congressional Research Service on Sotomayor: Hard to Categorize. "The non-partisan Congressional Research Service has produced a [55 page] report on the opinions of Supreme Court nominee Sonia Sotomayor."

"Overall, Judge Sotomayor’s opinions defy easy categorization along ideological lines. In particular areas, a general substantive approach may be discerned. For example, her appellate court opinions in cases involving suits by individuals with disabilities could be seen as appearing to favor plaintiffs’ claims, and in various areas of international concern, she could be said to have shown a tendency to make the Second Circuit available to plaintiffs unless circuit precedent and
the political branches have indicated otherwise.

General characteristics of her approach to the judicial role are more easily identified. Perhaps the most consistent characteristic of Judge Sotomayor’s approach as an appellate judge could be described as an adherence to the doctrine of stare decisis, i.e., the upholding of past judicial precedents. This characteristic would be in line with the judicial philosophy of Justice Souter, who often displayed special respect for upholding past precedent.1 Another characteristic of Judge Sotomayor’s opinions could be described as a meticulous evaluation of the particular facts at issue in a case, which may inform whether past judicial precedents from the circuit are applicable. Her approach to statutory interpretation seems similarly nuanced. She tends to adhere to the plain meaning of the text but, in the face of ambiguous language, appears willing to consider the intent and purpose of a statute. Judge Sotomayor’s opinions also display her apparent dislike for situations in which the court oversteps the role called for by the procedural posture of a case. For example, in a dissenting opinion in a Fourth Amendment case, issued in May 2009, she wrote that the court had overstepped its role by delving into the facts in a case involving review of a denial of a motion for summary judgment."