Emory Law Journal Volume 61 Issue 4 The 2011 Randolph W. Thrower Symposium — Judging Politics: Judges as Political Actors, Candidates, and Arbiters of the Political 2012 Sonia Sotomayor and the Construction of Merit Guy-Uriel Charles Daniel L. Chen Mitu Gulati Follow this and additional works at: https://scholarlycommons.law.emory.edu/elj Recommended Citation Guy-Uriel Charles, Daniel L. Chen & Mitu Gulati, Sonia Sotomayor and the Construction of Merit, 61 Emory L. J. 801 (2012). Available at: https://scholarlycommons.law.emory.edu/elj/vol61/iss4/6 This Article is brought to you for free and open access by the Journals at Emory Law Scholarly Commons. It has been accepted for inclusion in Emory Law Journal by an authorized editor of Emory Law Scholarly Commons. For more information, please contact
[email protected]. CHARLESCHENGULATI GALLEYS4 7/5/2012 2:09 PM SONIA SOTOMAYOR AND THE CONSTRUCTION OF MERIT ∗ Guy-Uriel Charles ∗∗ Daniel L. Chen ∗∗∗ Mitu Gulati ABSTRACT The appointment of Sonia Sotomayor to the Supreme Court in 2009 was criticized as sacrificing merit on the altar of identity politics. According to critics, Sotomayor was simply “not that smart.” For some conservative critics, her selection illustrated the costs of affirmative action policies, in that this particular choice was going to produce a lower quality Supreme Court. For liberal critics, many were concerned that the President, by selecting Sotomayor, was squandering an opportunity to appoint an intellectual counterweight to conservative Justices like Antonin Scalia, Samuel Alito, and John Roberts. Using a set of basic measures of judicial merit, such as publication and citation rates for the years 2004 to 2006, when Sotomayor was on the Court of Appeals for the Second Circuit, we compare her performance to that of her colleagues on the federal appeals courts.