Profs Use Sotomayor Nomination as Teachable Moment
Of the many things that make Washington D.C. the best place in the country for law school, nothing tops having the highest Court just a few metro stops away. As a 1L (and a huge legal nerd just like all of you), I was thrilled to sit on the curb outside the Courthouse the early hours before dawn, freezing, waiting to be led in. I loved walking into the historic room and seeing the nine justices, major celebrities to me, robed and impressive on the bench. This year we will have a new face to admire with Justice Sonia Sotomayor filling the vacancy left by retiring Justice David Souter.
Like any politically and legally efficacious person I watched the hearings with interest. While I was sad to see Justice Souter go-I saw him as a kindred ideological spirit-it will be interesting to get to know a new Justice.
As DC residents invested in the judicial system, the new Justice will impact us. Law students may feel the impact closer to home, not only in practice after we graduate but also in our constitutional law classes. Observing a new Justice from the beginning of her career will be a great experience. Justice Sotomayor is the first Justice whose career we can monitor with inside understanding of the legal system. The same is true of her Senate confirmation hearings. These events are great teaching fodder for law professors, and many of George Washington's own constitutional gurus have plans to incorporate these events into the classroom.
Dean Maggs is one professor focusing on the importance of this career arc as it relates to our understanding of the legacy of particular Justices. He says, "[w]e probably will not get a good sense of Justice Sotomayor's impact on the Supreme Court until she has completed several terms." Professor Lupu has similar feelings about how and when to incorporate the new Justice into the classroom saying, "I try not to teach a Justice-focused approach to Con Law, though sometimes it's hard to avoid, so I can't imagine I would ask questions in class about how Justice Sotomayor is likely to vote compared to Justice Souter, whom she replaced. We won't know until she shows her hand as a Justice...[I]t usually takes several Terms at least for a new Justice's jurisprudential persona on the Supreme Court to develop, so I've learned to be patient and watchful about these things."
While it will surely take many years to truly measure Justice Sotomayor's impact and legacy, there are some professors already speculating on how she will affect the balance of the bench. Professor Dienes planned to start her class off with speculations of this kind: "I will...note that its unlikely that she will make any significant difference in those constitutional law cases where the Court divides ideologically." Professor Cheh has similar feelings: "The question will be, how will Justice Sotomayor's vote differ from Justice Souter whom she is replacing. Most observers feel there will be little difference, but it's worth thinking about."
Professor Turley is also making predictions, although they differ somewhat from those of Professor Dienes. He says, "The fact is that, if Sotomayor votes the way she did on the Second Circuit, liberals will lose ground with this nomination. It will be interesting to see how the elevation to the Court changes (if at all) her prior voting patterns."
Some professors will focus on the hearings process-what sorts of questions should be asked and what should be considered in nominating and approving a Justice. Turley and Dienes both will draw their classes' attentions to this crucial process. Professor Dienes will acknowledge the cultural significance of the appointment, saying, "In my first class, I will be noting her nomination and confirmation as the first 'Latina' justice." Turley also says that his class will study the confirmation process.
No matter whom we decide to take constitutional law from, it seems the events of this past summer will impact our academic experience. We are fortunate to have the opportunity to witness the orienting of a new Supreme Court Justice with great professors to guide our understanding. We are even more fortunate that we can hop on the Metro and witness history in the making.







