It seems so unlikely that Al Franken would have the most to teach us during the Sotomayor hearings, but it looks like that is the case. At the very heart of the concern of conservatives about Sotomayor is judicial activism; the “wise Latina” comment and her speeches about the appellate courts being where law is made are problematic because of this concern. There are other minor things to pick at, specifically ideological, but it is difficult to pin her down by decision as either conservative or liberal, in fact I’d argue on her behalf that she is judicious, and not conservative or liberal.

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