Cato adjunct scholars on Judge Sotomayor:
- Harvey Silverglate looks at the Supreme Court nominee’s free speech record.
- Richard Epstein compares the libertarian and conservative criteria for Supreme Court nominees.
Today’s Wall Street Journal reports that Sotomayor’s record on criminal justice issues put her to the right of David Souter. Good grief — that would mean that for Sotomayer just about all the barriers on state power come tumbling down: structural safeguards like enumerated powers, non‐delegation, separation of powers and the limits pertaining to police and prosecutorial powers.
For more background, go here and here.