Judge Sonia Sotomayor revealed her true opinion on the place of the Courts while speaking at Duke University Law School in 2005. The disconcerting aspect of what she said is this: the "Court of Appeals is where policy is made." This is statement perfectly sums up what judicial activism is - judges seeking to create policy from the bench. Unfortunately, that is not how this country was set-up. In the U.S. it is the Congress that makes laws, not the courts. Sotomayor recognizes the waves her statement will cause and half-heartedly refutes them. However, with the notion that courts make policy, Sotomayor aligns herself with judicial activism. Judicial activism has brought the U.S. some of its worst cases, like Roe v. Wade. Is it really best for another activist judge in our Supreme Court?