The Next Cardozo? Let’s Hope Not

Andrew M. Grossman / July 14, 2009

Judge Sonia Sotomayor announced today her admiration for Justice Benjamin Cardozo, who served for 6 years on the Supreme Court after nearly 30 on the New York Court of Appeals. Let’s hope she misspoke, as she has admitted to doing frequently in her speeches and written remarks.

Cardozo, she said, believes that “the facts drive the law and the conclusion that the law will apply to that case,” and had “great respect” for precedent, the legislative branch, and the Constitution.

Unfortunately for Cardozo, the facts and the law were often at odds. Cardozo is renowned for the “quick development” of the law of tort and products liability that occurred under his watch in New York State. When a consumer went up against a corporation in Cardozo’s court, there was little doubt in which direction his empathy, as well as the law of the case, would flow. (more…)