-By Thomas E. Brewton
The social justice views of Supreme Court nominee Sonia Sotomayor have deep roots.
Several recent articles in both liberal-progressive and conservative media attributed Judge Sonia Sotomayor’s interpretation of the law to the doctrine of legal realism. Specifically mentioned in that connection was 1920s and 30s legal scholar Jerome Frank.
In fact, Mr. Frank was just one voice, although a prominent one, among many legal scholars who articulated the doctrine of legal realism. That doctrine’s genesis goes back to Oliver Wendell Holmes, Jr.’s 1881 lectures at Harvard law School, later published as The Common Law. Holmes in 1902 was elevated to the Supreme Court by President Theodore Roosevelt, a Harvard graduate and early member of the Eastern liberal-progressive establishment.
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Ivy League Realism”