Tuesday, May 26, 2009
The Business of Judge Sotomayor [Michael Greve]
Any Obama nominee was sure to be reliably liberal on high-salience "social" issues. Judge Sotomayor adds another qualification: She is among the most aggressively pro-plaintiff, anti-business appellate judges in the country. Her rulings in class actions, preemption cases, and other commercial matters are of a piece with her contempt for property rights (noted by Richard Epstein) and her anti-employer bias in discrimination cases (a matter of notoriety).
Prior to the nomination, business constituencies signaled that a nominee in the mold of Justice Breyer or Justice Souter (social liberal/moderate on "business" issues) would produce considerable goodwill in the business community. With Sotomayor's nomination, the hard-left administration has signaled back: It does not believe that it needs any goodwill.
05/26 02:48 PM
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