Tipsheet

Sonia Sotomayor: 'We don’t make policy choices in the court'

Matt Lewis
Matt Lewis  |  July 15, 2009 1:13 PM
Senate Republicans have pointed out an inconsistency between Judge Sotomayor's testimony today (which occurred during her questioning by Sen. Tom Coburn), and past statements. 

First, here's today's testimony ...




The exchange went like this:

JUDGE SONIA SOTOMAYOR: “We don’t make policy choices in the court. We look at the case before us with the interests that are argued by the parties, look at our precedent, and try to apply its principles to the arguments parties are raising.”

SEN. TOM COBURN (R-OK): “I’m reminded of one of your quotes that says you do make policy.” (Judge Sotomayor, Remarks, Confirmation Hearing Of Judge Sonia Sotomayor, 7/15/09)

As you may recall, this is quite different from what she said a few years ago:




Here's the transcript:
JUDGE SONIA SOTOMAYOR: “All of the legal defense funds out there. They are looking for people with Court of Appeals experience. Because it is -- Court of Appeals is where policy is made. And I know, I know this is on tape. And I should never say that because we don't make law, I know. [Laughter]. I'm not promoting it. And I'm not advocating it, you know. OK. [Laughter].” (Judge Sonia Sotomayor, Remarks At Duke University Law School, 2/25/05)