Moreover, if Sotomayor regretted that YouTube moment, she had the chance to revise and extend: Her remarks were reprinted in the Berkeley La Raza Law Journal. Knowing the multi-layered editing process of law journals, I’d be shocked if Sotomayor did not at least have the chance to review the transcript of her speech and make any tweaks.

My rejection of the spin, by the way, doesn’t mean I think this is anywhere near sufficient grounds to reject the nominee. The totality of the speech shows Sotomayor wrestling intelligently with the influences of race and gender on judging. But I believe she knew exactly what she was saying back then — even if it now takes some fancy spinning to undo now.