"Within days of the announcement that Associate Justice David Souter would be leaving the Supreme Court, court watchers were drafting their shortlists of jurists, academics, politicians, and appellate lawyers most qualified to fill his hiking boots. And in contrast to the last round of Supreme Court confirmations—of Chief Justice John Roberts and Associate Justice Samuel Alito—now we can evaluate the candidates from the comfort of our own homes, without ever cracking the spine of a law book.
"Let the YouTube confirmation wars begin.
"Judge Sonia Sotomayor of the 2nd Circuit Court of Appeals is already garnering more than her share of unwanted video attention because of an unguarded moment in which she chuckles delightedly that the appeals courts make policy, something judicial conservatives have long suspected about these dangerous 'liberal judicial activists.' Then in the clip, Sotomayor compounds the problem by regretting that she said it on tape. And compounds it again by laughing even harder. Upon viewing this clip, Sen Orrin Hatch announced promptly that Sotomayor's statements would be a problem for her if she were nominated for the Supreme Court. It probably won't be, but it's a good lesson for future Supreme Court hopefuls: Never say what you really think."
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