There's a clip circulating the internet of Supreme Court nominee Sonia Sontomayor as part of a panel where she says law is made at the Appeals Court level. The clip is being circulated as an attack piece.
The textbooks, of course, say only Congress can make law. Still there is something very real world about what Sontomayor said.
Indeed, Sheldon Richman has a very thoughtful comment seeming to take Sontomayor's view on the matter.
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