JUDGE SONIA SOTOMAYOR: All of the legal defense funds out there, they’re looking for people with court of appeals experience, because it is—court of appeals is where policy is made. And I know, and I know this is on tape, and I should never say that, because we don’t make law, I know. OK, I know, I know. I’m not promoting it, and I’m not advocating it. I’m—you know.
OK, having said that, the court of appeals is where, before the Supreme Court makes the final decision, the law is percolating, its interpretation, its application. And Judge Lucero is right. I often explain to people, when you’re on the district court, you’re looking to do justice in the individual case. So you are looking much more to the facts of the case than you are to the application of the law, because the application of the law is non-precedential, so the facts control. On the court of appeals, you are looking to how the law is developing, so that it will then be applied to a broad class of cases. And so, you’re always thinking about the ramifications of this ruling on the next step in the development of the law. You can make a choice and say, “I don’t care about the next step,” and sometimes we do. Or sometimes we say, “We’ll worry about that when we get to it.” Look at what the Supreme Court just did. But the point is that that’s the differences.