Monday, June 29, 2009

CRS Report Finds Sotomayor Characteristically Follows Stare Decisis

CRS Report R40649 by Anna C. Henning and Kenneth R. Thomas, provides an analysis of selected opinions authored by Judge Sotomayor during her tenure as a judge on the Second Circuit.

In the Summary of the Report:

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 oversteping its judicial role.

Hat Tip to Law Librarian Blog