"Reasonable People Can Disagree": Sotomayor is Latest Justice to Refute Court Packing Theory
Added 01-26-22 10:55:02am EST - “As politicians like Sen. Elizabeth Warren push for packing the Court with a liberal majority, Justice Sonia Sotomayor publicly refuted accounts that Court is hopelessly and dysfunctionally divided ?” - Jonathanturley.org
CLICK TO SHARE
As politicians like Sen. Elizabeth Warren push for packing the Court with a liberal majority, Justice Sonia Sotomayor publicly refuted accounts that Court is hopelessly and dysfunctionally divided along political lines. The justice used an appearance on “Live with Kelly and Ryan” to tell the public that it should not misconstrue divisions on the Court because these questions are far from clear on the law and “reasonable people can disagree.” The remarks followed a joint statement by Justice Sonia Sotomayor and her colleague Justice Neil Gorsuch to debunk a NPR story by Nina Totenberg and publicly acknowledge their friendship.
Justice Sotomayor addressed the “the biggest misconception people have” about the Court in rendering its decisions.
“Most people think of the law as black and white, that there’s an answer. But the reality is, there isn’t a clear answer. Most of the time when the Supreme Court takes cases, it’s because the courts below that are disagreeing about the answer. By the time the case comes to the Supreme Court, or to any court, actually — the courts below us or even the Supreme Court — it’s because the answer’s unclear. And that can be unsatisfying to people. They don’t understand why the judges are disagreeing. They don’t understand why it’s so hard…So that, I think, that will give people some solace when they feel the courts made a wrong decision — understanding that the answers are not as easy to come to as they may want.”
When asked about the falling trust in the Court by some people, Sotomayor acknowledged that all of the justices are concerned about that problem:
“We think about ways in which we can comport ourselves, among ourselves to ensure that the public has confidence in what we’re doing. I do need to discuss this a little bit with the public to assure them that one of the hardest things about our work is that there are no easy answers. Reasonable people can disagree.”
If you don't see any comments yet, congrats! You get first comment. Be nice and have fun.
CLICK TO SHARE