Commentary of the Day

Epee, on Jennifer Rubin:

The views expressed by Sotomayor are basically legal realism or, as one of my law professors called it, “vulgar legal realism.” The idea is that the law is indeterminate and judges may be influenced by something as petty as what they had for breakfast. To Sotomayor, the decisions she reaches will be affected by her life experiences, which include those related to her being an Hispanic and a woman. She and other legal realists see nothing wrong with that, and believe that this is a more accurate view of how decisions are made than pretending that there’s a fixed law which all impartial judges will find.