Judge Sonia Sotomayor: Analysis of Selected Opinions (CRS Report for Congress)
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| Release Date |
Revised Sept. 15, 2009 |
| Report Number |
R40649 |
| Report Type |
Report |
| Authors |
Anna C. Henning and Kenneth R. Thomas, Legislative Attorneys, Coordinators |
| Source Agency |
Congressional Research Service |
| Older Revisions |
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Summary:
In May 2009, Supreme Court Justice David Souter announced his intention to retire from the Supreme Court. Several weeks later, President Obama nominated Judge Sonia Sotomayor, who served on the U.S. Court of Appeals for the Second Circuit, to fill his seat. To fulfill its constitutional "advice and consent" function, the Senate considered Judge Sotomayor's extensive recordâcompiled from years as a lawyer, prosecutor, district court judge, and appellate court judgeâto better understand her legal approaches and judicial philosophy. On August 6, the Senate confirmed Justice Sotomayor by a vote of 68-31, and she was sworn in on August 8.
This report provides an analysis of selected opinions authored by Judge Sotomayor during her tenure as a judge on the Second Circuit. Discussions of the selected opinions are grouped according to various topics of legal significance. As a group, the opinions belie easy categorization along any ideological spectrum. However, it is possible to draw some conclusions regarding Judge Sotomayor's judicial approach, both within some specific issue areas and in general.
Perhaps the most consistent characteristic of Judge Sotomayor's approach as an appellate judge has been an adherence to the doctrine of stare decisis (i.e., the upholding of past judicial precedents). Other characteristics appear to include what many would describe as a careful application of particular facts at issue in a case and a dislike for situations in which the court might be seen as overstepping its judicial role.
It is difficult to determine the extent to which Judge Sotomayor's style as a judge on the Second Circuit will predict her style as a Supreme Court justice. However, as has been the case historically with other nominees, some of her approaches may be enduring characteristics.
