Sonia Sotomayor: A Look at Obama's Su...

Sonia Sotomayor: A Look at Obama's Supreme Court Pick

There are 2 comments on the ABC News story from May 26, 2009, titled Sonia Sotomayor: A Look at Obama's Supreme Court Pick. In it, ABC News reports that:

As President Obama's pick to fill the vacancy on the Supreme Court, federal appeals judge Sonia Sotomayor seems, in many ways, tailor-made for President Obama as a Supreme Court nominee.

Join the discussion below, or Read more at ABC News.

“Truth to Power!”

Since: Apr 07

Nashville, TN

#1 May 26, 2009
Here's a list of reversals noted at Judgepedia:

* In Knight v. C.I.R.,(128 S.Ct. 782, 2008.), the Court found that, based on an erroneous interpretation of the tax code, Judge Sotomayor applied an incorrect standard.

* In Merrill Lynch, Pierce, Fenner & Smith, Inc. v. Dabit,(547 U.S. 71, 2006), the Court found that Judge Sotomayor failed to apply precedent correctly in interpreting a scope of preemption provision of the Securities Litigation Uniform Standards Act.

* In New York Times, Inc. v. Tasini,(533 U.S. 483, 2001), the Supreme Court affirmed the Second Circuit’s reversal of Judge Sotomayor’s district court ruling that the Copyright Act permitted electronic publishers to reproduce all articles in a periodical under a “collective works” privilege, concluding that Sotomayor erred in her interpretation of “revision of [that] collective works” privilege in the Act.

* In Correctional Servs. Corp. v. Malesko,(534 U.S. 61, 2001), the Court reversed Sotomayor for allowing an inmate to sue a halfway house operator for negligence based on a Bivens claim. After the trial court dismissed the case, Judge Sotomayor reversed and reinstated the litigation. The Supreme Court reversed Judge Sotomayor’s decision, holding that the former inmate did not lack effective remedies and that he had full access to remedial mechanisms established by the Bureau of Prisons. The Court also held that the former inmate’s suit would not have advanced Bivens’ core purpose of deterring individual officers from engaging in unconstitutional wrongdoing.

Ricci v. DeStefano. In this 2008 case, Sotomayor participated in a one-page decision that allowed the City of New Haven, Connecticut to scrap the results of a promotion test for the city’s firefighters because no African-Americans passed the test. In April 2009, the Supreme Court said that it would review the Second Circuit’s decision.

Also of note:
In the 6 cases where Sotomayor wrote the majority opinion, 3 were overturned by the Supreme Court.

I can get the same odds flipping a coin!
Not very impressive.
Cranky old man

United States

#2 May 26, 2009
Sotomayor's comment about making better decisions than a white man can seems racist to me. Making jokes about legislating from the bench, like judges do it, but not supposed to, seems asking for problems. I think her politics are really strongly to the left in addition to being racist. Of course being racist against the white people gets approval. Being of latino heritage will probably help more illegal immigration. It is no surprise why Obama would pick her. The devil takes the form of a woman this time.

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