"The court of appeals is where policy is made. And I know, I know that this is on tape, and I should never say that.
Because we don't make law, I know," "OK, I know, I know. [We do, but] I'm not promoting it, and I'm not advocating it." ~ Judge Sonia Sotomayor 2009
Remember, this is the same woman who, when speaking at Duke Law School, made it clear that she believes it is a judge's role to "legislate from the bench": responding to a question on the pros and cons of different types of judicial clerkships, she stated that the court "is where policy is made!" She tried to correct her slip, by joking that "I know this is on tape and I should never say that, because we don't ‘make law,' I know, I know." But, she already made herself clear: She believes JUDGES MAKE LAW!
No panel has unanimously voted to deny appellees' petition
for rehearing. No judge voted to
reject the suggestion for rehearing en banc, andso no judge has yet recommended rejection of the
suggestion for rehearing en banc.
Because of Kozinski, no full court was advised of the suggestion for rehearing
en banc. Therefore no active judge requested a vote on whether to
rehear the matter en banc. The matter failed to receive a majority of the votes of the nonrecused active judges in favor
of en banc consideration under Fed. R. App. P. 35(b), because of his cover up.
But hey, who's following the law these days, right? Not this judge.
Ninth Circuit panels "silently dustbinned" inconvenient opinions, paid "lip service" to Supreme Court case law, vaulted "somersaults" in creating three lines of authority "none of which agree with each other," and adopted a rule that has "the 'absolute simplicity' of Joseph Heller's 'Catch-22.'"