	Introduction

On May 26, 2009, President Obama nominated Judge Sonia Sotomayor of the U.S. Court of Appeals for the Second Circuit to fill the Supreme Court seat that was vacated by retiring Justice David Souter. On August 6, the Senate confirmed Justice Sotomayor by a vote of 68-31, and she was sworn in on August 8. Judge Sotomayor had served on the Second Circuit since 1998. This report analyzes selected cases authored by Judge Sotomayor during her tenure on the Second Circuit, including majority, concurring, and dissenting opinions in areas of legal significance. Overall, Judge Sotomayor's opinions defy easy categorization along ideological lines. Perhaps the most consistent characteristic of Judge Sotomayor's approach as an appellate judge could be described as an adherence to the doctrine of stare decisis (i.e., the upholding of past judicial precedents). Another characteristic of Judge Sotomayor's opinions could be described as a meticulous evaluation of the particular facts at issue in a case, which may inform whether past judicial precedents from the circuit are applicable. Judge Sotomayor's opinions also display her apparent dislike for situations in which the court oversteps the role called for by the procedural posture of a case. While many of her judicial approaches may be enduring, some shifts in her legal conclusions may naturally arise because of the difference in the roles of a circuit court judge versus a Supreme Court justice. However, it is difficult to glean any strong evidence of such an inclination from her appellate court opinions. Based on these few cases, it is difficult to determine what approach Judge Sotomayor will take to the Fourth Amendment exclusionary rule as a Supreme Court justice.
In May 2009, Supreme Court Justice David Souter announced his intention to retire from the Supreme Court. Several weeks later, President Obama nominated Judge Sonia Sotomayor, who served on the U.S. Court of Appeals for the Second Circuit, to fill his seat. To fulfill its constitutional "advice and consent" function, the Senate considered Judge Sotomayor's extensive record—compiled from years as a lawyer, prosecutor, district court judge, and appellate court judge—to better understand her legal approaches and judicial philosophy. On August 6, the Senate confirmed Justice Sotomayor by a vote of 68-31, and she was sworn in on August 8.
This report provides an analysis of selected opinions authored by Judge Sotomayor during her tenure as a judge on the Second Circuit. Discussions of the selected opinions are grouped according to various topics of legal significance. As a group, the opinions belie easy categorization along any ideological spectrum. However, it is possible to draw some conclusions regarding Judge Sotomayor's judicial approach, both within some specific issue areas and in general.
Perhaps the most consistent characteristic of Judge Sotomayor's approach as an appellate judge has been an adherence to the doctrine of stare decisis (i.e., the upholding of past judicial precedents). Other characteristics appear to include what many would describe as a careful application of particular facts at issue in a case and a dislike for situations in which the court might be seen as overstepping its judicial role.
It is difficult to determine the extent to which Judge Sotomayor's style as a judge on the Second Circuit will predict her style as a Supreme Court justice. However, as has been the case historically with other nominees, some of her approaches may be enduring characteristics.