What I do find interesting about this analysis of Sotomayor's opinions, though, is her willingness to repeatedly substitute her version of the facts of a case for the facts as determined by the court below . . . the folks actually charged with determining the facts. She's willing to reexamine testimony and decide what weight to give it, though she didn't see the witness. And she's willing to go look for additional evidence to support her position, even if that evidence was not presented in the case.
This willingness to "almost overstep her role," as the Post headline puts it, shows something about Sotomayor's judicial philosophy . . . . she's an activist! Clearly and unapologetically so. (I like vanilla ice cream too.)
Sonia Sotomayor is not right for the Supreme Court. But, given Barack Obama's view of the Court and the world, I doubt that he would ever nominate someone who was.