"Mr. Chairman, just four short years ago, then-Judge Roberts sat where Judge Sotomayor is sitting. He told us that his jurisprudence would be characterized by modesty and humility. He illustrated this with the now well-known quote: "Judges are like umpires. Umpires don't make the rules. They apply them." Senator Chuck Schumer in his opening statement.
Chief Judge -- Justice Roberts was and is a supremely intelligent man with impeccable credentials, but many can debate whether his four years on the Supreme Court he actually called pitches as they come or whether he tried to change the rules.
But any objective review of Judge Sotomayor's record on the Second Circuit leaves no doubt that she has simply called balls and strikes for 17 years far more closely than Chief Justice Roberts has during his four years on the Supreme Court." Senator Chuck Schumer in his opening statement.
Senator Chuck Schumer is comparing apples and oranges. Justices (and Schumer is referring to John Roberts in his capacity as a justice) write and rewrite rules. Judges (and Schumer is referring to Sotomayor's role as a judge) adhere to them.