Sotomayor's construct, that O'Connor could not have meant that there were gender differences in judicial decision-making, was double-talk since O'Connor's words could not possibly be construed in such a way. Sotomayor took a clear rejection of the "new feminism" by O'Connor, used those words to portray O'Connor in just the opposite manner, and then purported to salvage O'Connor's words by insisting that O'Connor could not possibly have meant what she said.Nelson Lund has a nice series here.
The whole explanation was a dodge. Why didn't, and doesn't, Sotomayor simply explain what Sotomayor meant, rather than twisting O'Connor's words to create a convenient foil? Or as they say in the law, a "red herring."
DISCLOSURE: I am long these:
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