In the 1920s and 1930s, a group of scholars known as the legal realists shocked
the legal and academic worlds. They were theorists, social scientists, and
practicing lawyers. They questioned a number of orthodoxies about the place of
law in American society, with rhetoric that was equal parts inspiring, engaging,
and troubling. They sought to improve the ability of law to serve justice through
a compelling set of research agendas. Their work triggered a series of spirited
debates about law and public policy which continue to the present day. Echoes
of legal realism, with its attempts to shatter myths and reshape the practice
and theory of law, continue to be heard in the halls of law schools and judicial
chambers, and even in the houses of Congress.
Indeed, during the summer of 2009 the Senate confirmation hearings of
Associate Supreme Court Justice Sonia Sotomayor mesmerized the American
public and brought national attention to legal realism. No one questioned the
impressiveness of Sotomayor’s credentials. When President Barack Obama
announced her nomination, he emphasized a pedigree that included degrees
from Princeton and Yale Law School, and her experience as a Manhattan
prosecutor and federal judge. In addition, he told an American story about
the daughter of Puerto Rican immigrants who struggled to ensure that their
daughter “faced down barriers, [overcame] the odds, and lived out the American
dream that brought her parents here so long ago.”1 The President painted an
elaborate picture of Sotomayor’s love of the community that raised her, her
struggle with diabetes, her intervention to end a baseball strike in 1995, and her
childhood love of Nancy Drew novels. While her credentials provided ample
professional justification for her nomination, the story of Sotomayor as judicial
Horatio Alger provided persuasive biographical justification.
As is the case with any contemporary nominee to the court
1