There’s some evidence that those are the two bottom lines to Sotomayor’s understanding of judging. Properly understood, such "legal realism"--in my view--should generate humble restraint. If you don’t really KNOW what you’re doing, you shouldn’t do much. The other view, of course, is that if there are no REAL (or "objective") limits to what you might do, you should get real active in the service of your emotional attachment to your perspective. I agree with those who say that the Republicans lack the warrant and the votes to stop the confirmation, and so they should use this opportunity to develop their own, more popular (if properly articulated) view of judicial restraint--based on the proposition that the Constitution really is LAW that stands independently of anything judges feel they can make.