Sotomayor knows best . . . at least she thinks she does

Today's Washington Post includes this story by Jerry Markon analyzing several of Supreme Court nominee Sonia Sotomayor's opinions from the Second Circuit.  The tone of the piece boils down to . . . she's a typical, left-of-center, Democrat.  That's not really news.  It would be sort-of like reporting that I like chocolate ice cream.  Would anyone expect otherwise from a woman nominated for promotion by Barack Obama?

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.