The Volokh Conspiracy

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Supreme Court

Justice Sotomayor Speaks on Her "Desperation" on the Court

Recent remarks at Harvard may be a preview of what is to come.


The New York Times reports on recent remarks by Justice Sonia Sotomayor at Harvard University's Radcliffe Institute.

Some days, after Justice Sonia Sotomayor listens to the Supreme Court announce its decisions, she goes into her chambers, shuts the door and weeps.

"There are days that I've come to my office after an announcement of a case and closed my door and cried," Justice Sotomayor told a crowd on Friday at the Radcliffe Institute at Harvard University, where she was being honored. "There have been those days. And there are likely to be more." . . .

"There are moments when I'm deeply, deeply sad," she said, without citing any specific cases. "There are moments when, yes, even I feel desperation. We all do. But you have to own it, you have to accept it, you have to shed the tears and then you have to wipe them and get up."

In saying there "are likely to be more" trying days on the Court was Justice Sotomayor providing a hint of what the Court will do this term? Or is it merely an indication of what she expects in coming years given the current makeup of the Court?

Earlier this term, Justice Jackson may have dropped a hint on the outcome of Loper Bright and Relentless.