September 16, 2009

AN ORIGINALIST THE RIGHT CAN HATE:

Sotomayor Issues Challenge to Centuries of Corporate Law (JESS BRAVIN, 9/16/09, WSJ)

[J]ustice Sotomayor suggested the majority might have it all wrong -- and that instead the court should reconsider the 19th century rulings that first afforded corporations the same rights flesh-and-blood people have.

Judges "created corporations as persons, gave birth to corporations as persons," she said. "There could be an argument made that that was the court's error to start with...[imbuing] a creature of state law with human characteristics."

After a confirmation process that revealed little of her legal philosophy, the remark offered an early hint of the direction Justice Sotomayor might want to take the court.


Leave it to the Organization Man, on at least her first case, she's the most conservative justice. Thanks, UR!

Posted by Orrin Judd at September 16, 2009 6:54 PM
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