NEW YORK (Fortune) — If there had been a secret-ballot vote among appellate lawyers who argue business cases, it is most unlikely that Judge Sonia Sotomayor would have been selected as the one to replace Justice David Souter on the U.S. Supreme Court – even from among the reported finalists on President Obama’s short-list.
Some such advocates have recounted on background (to me, as well as to other reporters or to the Almanac of the Federal Judiciary 2009) having been manhandled a bit at oral argument by Sotomayor’s sharp and, sometimes, sarcastic, and even bullying questions. In addition, her academic credentials – though remarkable by the standards of most mortals – have not been as relentlessly burnished to the high, Ivory Tower gloss of, say, former Harvard Law School dean Elena Kagan or federal appeals judge Diane Wood, a former University of Chicago law school professor.
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