This is garbage that we are up against when it comes to someone like Sotomayor: Legal Realism Inform's Judges Views
However, Judge Sotomayor's critics on the right, including those in the originalist camp, fear that her approach may lead different parties in cases to get different results depending on the ethnic makeup of the court—which would contradict the idea that everyone is entitled to equal justice under the law.
Yes, that is exactly what we are afraid of - unequal application of the law. The left and their legal arm the ACLU always crow about the 14th Amendment, but only when it aids their case.
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