Sonia Sotomayor's Prose Problem

[Demeter]

http://www.motherjones.com/politics/2009/06/sonia-sotomayors-prose-problem

As a Supreme Court nominee, Sonia Sotomayor has a lot going for her: a stellar judicial record, a Yale Law School pedigree, a compelling personal history, and more trial experience than any other sitting justice. But while she's clearly a bright and talented lawyer, she unfortunately lacks one of the key qualities of a successful Supreme Court justice: writing skills. To put it bluntly, Sotomayor doesn't write very well. Reporters have sort of danced around this problem. The New York Times' Adam Liptak charitably described her opinions as models of judicial craftsmanship that are "not always a pleasure to read."

Liptak's analysis is something of an understatement. Sotomayor's opinions read like she's still following a formula she learned in college and show little of the smart narratives employed by the federal judiciary's brightest lights. Sotomayor's impenetrable legal opus stands in striking contrast to much of the work produced by the court she aspires to. Supreme Court opinions, the best ones, are words for the generations. There's a reason that so many Supreme Court justices are still quoted long after they've died. (Think of Robert Jackson, Obama's hero, who wrote in a 1950 opinion, "It is not the function of our Government to keep the citizen from falling into error; it is the function of the citizen to keep the Government from falling into error.")....

[tekisui]

1. That's it?

Whoopty Doopty.

[Demeter]

2. There's more at the link, hence the three dots...

[tekisui]

5. The criticism is weak. So what if her writing isn't 'inspired'.

She is deliberate, intelligent and a solid jurist. If her writing style is the greatest concern, I am not the least bit concerned.

[sandnsea]

3. She says it plain

we could surely use more of that right now.

Papineau v Parmley

“For example, plaintiffs allege that without provocation, the threw several plaintiffs to the ground, including an eleven-year-old girl and an elderly medicine woman; beat various plaintiffs with batons; kicked and punched several of them; and pushed at least one man, who was praying, to the ground and choked him.”

[pnwmom]

4. The writer is comparing apples and oranges.

As a member of a lower court, she has been writing opinions that are appealable. Who can blame her for a wealth of footnotes? Scalia can be as snarky as he wants, without penalty.

However, despite what this writer thinks, most Supreme Court Justices are not known for their witty or profound writing.

I'll take Obama's judgment -- the Constitutional Law professor -- before this Mother Jones writer's opinion -- whoever she is.

[bettyellen]

6. hmmm proposed SC judge being lauded for their eloquence before being seated, i don't recall that

ever being an issue before. Do you?

[pnwmom]

7. No, I certainly don't. n/t

[Puzzler]

8. I smell a new RW talking-point brewing.

.