re: #542 lightspeed

There’s a difference between “what our justice system is supposed to be about” and how our justice system actually works. You can’t say that judges have to rule “based on the law” when it’s often unclear what a law means or whether there is a conflict between a Constitutional right and a legitimate government interest. So judges are expected balance various factors or exercise their discretion within the bounds of the law. All Sotomayor is saying is that if a minority judge is the one balancing various interests in a civil rights case, you might get a “better” decision. I think it was a somewhat offensive statement, but as a description of how courts actually work in real life, I think it’is pretty accurate.