It must be applied, as is all the court's existing precedents that have not been rejected by the court.
Sonia Sotomayor
The Public Record
Sonia Sotomayor is an Associate Justice of the Supreme Court of the United States, having been nominated by President Barack Obama in 2009. She is the first Hispanic and Latina member of the Court. Sotomayor previously served as a judge on the U.S. Court of Appeals for the Second Circuit and as a district court judge for the Southern District of New York. Her judicial philosophy often emphasizes the importance of empathy and the impact of the law on the lives of individuals, particularly marginalized communities.
As a judge I don't make policy. I don't make the policy choices for Congress.
Unless the statute requires or directs you to look at foreign law, the answer is no. Foreign law cannot be used as a holding, or a precedent, or to bind or influence the outcome of a legal decision interpreting the Constitution or American…
I held that the act violated the Constitution, but that the evidence could still be used because the officers had--there was, in law, a good faith exception to the error in the warrant.
The doctrine of stare decisis is a doctrine that looks to the value in the stability, consistency, predictability of precedent.
My own judgment is that it would seem odd, indeed, if any Justice would sit in review of a decision that they authored.





