ATRA CRITICAL OF HIGH COURT NOMINEE'S APPARENT EMBRACE OF 'REGULATION THROUGH LITIGATION'

Washington, DC, May 26, 2009 -- Reacting to President Obama’s nomination of federal appeals judge Sonia Sotomayor to the Supreme Court, American Tort Reform Association president Tiger Joyce today offered the following comments:

“Judge Sotomayor’s apparent embrace of ‘regulation through litigation’ is a matter of concern for those of us who believe that unelected judges should not actively seek to make policy.

“Judge Sotomayor’s candid remarks at Duke Law School a few years ago have recently become a much reported YouTube sensation wherein she says, ‘It is the court of appeals where policy is made.’

“That’s a disconcerting concept that arguably flies in the face of the Constitution’s separation of powers, which properly leaves policymaking in the hands of the elected branches of government.

“In an era when the plaintiffs’ bar and certain special interests are unapologetically pursuing through the courts various policy ends that they have been unable to achieve through the political process, Judge Sotomayor’s comment should trigger a thorough discussion of the judiciary’s role in formulating public policy during her confirmation hearing.”

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The American Tort Reform Association (ATRA) is the only national organization dedicated exclusively to tort and liability reform through public education and the enactment of legislation. ATRA's membership includes non profits, small and large companies, as well as state and national trade, business, and professional associations.

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