Of all the criticisms of Sotomayer, this is the stupidest.
The very nature of any appellate court is to establish policy since a decision of any appellate court on any issue anywhere will apply not only to the litigants before the court whose case is being decided, but will also be applied by lower courts in the future to cases brought and defended by others.
Appellate courts set policy. Trial courts generally do not. These are simple statements of fact.
Correction, this is the stupidest criticism of Sotomayer:
The appointment of Maria Sotomayor for the Supreme Court is the clearest indication yet that President Obama's campaign promises to be a centrist and think in a bipartisan way were mere rhetoric. Sotomayor comes from the far left and will likely leave us with something akin to the "Extreme Court" that could mark a major shift. The notion that appellate court decisions are to be interpreted by the "feelings" of the judge is a direct affront of the basic premise of our judicial system that is supposed to apply the law without personal emotion. If she is confirmed, then we need to take the blindfold off Lady Justice.—
Apparently, Mike Huckabee believes all Hispanic women are named "Maria."
http://www.politico.com/blogs/bensmith/0509/Huck_comes_out_firing__at_Maria_Sotomayor.html