Monday, October 5, 2009

Souter's Classic Traits, Sotomayor's Classic Traits

Paul Baier, the George M. Armstrong, Jr., Professor of Law at Louisia State University, wrote a thoughtful essay in August 14 New Hampshire Bar News surveying some of Justice Sotomayor's Second Circuit cases and comparing her judicial traits to those of Justice Souter (and to those of Souter's predecessor on the New Hampshire Supreme Court, Justice Duncan).  Here's a taste:

Of Duncan, David Souter said, "He was a great judge because he saw beyond records and articulated premises, to litigants and to the sources of a court's strength to do right by litigants, whatever the right might be.  He took the long view, even when the litigants were not the most sympathetic and even when a majority in his own court were, in his judgment, wrong."  So too, Sotomayor.

This essay is a valuable contribution to the sometimes overgeneralized comparisons between Souter and Sotomayor as merely two moderate liberals.  Take a look.

SDS

http://lawprofessors.typepad.com/conlaw/2009/10/souters-classic-traits-sotomayors-classic-traits.html

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