Sotomayor Apologies

Justice Sotomayor publicly called out Kavanaugh for his Kavanaugh stop opinion, basically saying his privileged upbringing made him not understand the people involved. Some people handwaved it, but others acknowledged it was a significant comment. 

At a recent appearance at the University of Kansas School of Law, I referred to a disagreement with one of my colleagues in a prior case, but I made remarks that were inappropriate. I regret my hurtful comments. I have apologized to my colleague.

She had second thoughts. She publicly apologized via the public information office. 

It would be interesting to know what happened. Did Kavanaugh suggest his feelings were hurt? Did colleagues tell her she crossed the line? Did she realize Murc's Law (only Democrats have agency)? 

Chris Geidner, after some people pushed back, posted a discussion on why the apology made sense. Eh. Sure. Typical small group dynamics, even beyond the importance of his vote. 

Plus, it's the classy thing to do. You apologize sometimes when you deep down don't think you should have to do so. 

It reminds me of when there was talk that Sotomayor was bothered about Gorsuch not wearing a mask. He was sitting next to a senior citizen with diabetes. He apparently thought people were being too "woke" about COVID or something.

They released a treacly joint statement about how they were pals. She didn't ask him to wear a mask. It was one big misunderstanding. Sure.

Did a conservative justice ever apologize? Ginsburg apologized for publicly saying she didn't want Trump elected. Stevens, during the Kavanaugh confirmation, noted people told him he was too public about his opposition to Kavanaugh after his outburst. He seemed a bit embarrassed.

When did a conservative justice apologize? That's what rankles. She has to publicly apologize for that asshole? Well, that's what adults do, I guess. 

Thomas Speaks 

I have seen her remarks compared to Justice Thomas criticizing "progressives." 

Thomas has promoted his conservative values for years. He has strongly supported his wife, who is a big Trump supporter, including after the 2020 elections.

He was not specifically criticizing a colleague. I do not think some of his more overheated dogma should get a pass. Still, it is not really the same thing. 

OTOH, if the assumed problem is that Sotomayor is opining generally on ideological grounds, Thomas and other conservatives show that she is far from alone. 

Thomas Writes 

The single opinion released today:

Chevron has plausibly alleged a close relationship between its challenged crude-oil production and the performance of its federal avgas refining duties—not a tenuous, remote, or peripheral one—and has therefore satisfied the “relating to” requirement of the federal officer removal statute. 

Thomas, as he often does in these technical cases, wrote the opinion. Jackson disagreed in part. 

Her concurrence includes her concern about legislative intent and the message that judges should follow legislative will. She separately criticized the use of the shadow/interim/emergency/whatever docket. Even a "minor" case has some bit of interest.

On that front, this was the case that Alito belatedly decided to recuse himself. His recusals generally involve financial conflicts. Sometimes, honestly, a judge doesn't catch a possible conflict early enough.

Recusals often do not change the result of the case. The case here was largely unanimous. Sometimes, a recusal might matter more. The principle of even the appearance of impropriety matters the most. 

It is rarely a compelling matter to take a specific case. The specific legal question is likely to arise again, if it's worth worrying about.  

There is more flexibility in lower courts, including a district judge sitting my assignment on a panel. There should be a way to do that with the Supreme Court.

OTOH, as noted, it rarely matters too much. 

ETA: A housekeeping order was released. One tidbit: "The motion of petitioners for leave to file the joint appendix in an 8½- by 11-inch format is granted."

The motion noted that since the Court sped things along, it would be difficult to use the usual format within time constraints. Okay.