Wash. Post reports criticism of Sotomayor for citing "policy considerations" in lawsuit -- but that's what appellate courts do

SUMMARY: The Washington Post reported that Sonia Sotomayor "pointed to 'powerful policy considerations' in allowing a lawsuit against Visa and MasterCard." But numerous legal experts have noted that appellate judges have policymaking roles. Indeed, the Supreme Court has cited "policy" considerations in interpreting the provision at issue in the appeal.

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