j u s t c r i m

Sotomayor protests court's refusal of appeals

 

There Are No Liberals on the Roberts Court - Garrett Epps - The Atlantic

An exchange in yesterday's oral argument illustrates the subtle ideological imbalance of the Roberts Court. The case was Schwarzenegger v. Plata. Plata concerns a federal-court order that California reduce the number of inmates in its prisons. The prison system's overcrowded state had caused medical and mental-health care to degenerate so sharply that the state was violating the Eighth Amendment's ban on "cruel and unusual punishment." A federal statute authorizes a special court, as a last resort, to order states to reduce their prison populations. One of the two cases in Plata had been pending for 20 years, through scores of delays and missed deadlines by the state; a court finally made the order, and California was appealing.

via www.theatlantic.com

" a new and improved way to play the race card"

The Declining Utility of the Politics of Racial Resentment  (Tuesday, July 14, 2009), Jack M. Balkin, Balkinization:

"I was speaking with a colleague today about the various rhetorical attacks now being levied on Judge Sotomayor -- equating the idea of empathy for those less fortunate with prejudice, and offering Judge Sotomayor's background as a reason to think that she could not be an impartial jurist (as opposed to persons with backgrounds like those of Chief Justice Roberts and Justice Alito, for example). Both of these ideas come from the mouth of that paragon of judicial probity, Jeff Sessions, Senator from Alabama. It is a new and improved way to play the race card, to seek to imbue issues of judging, impartiality and fairness with decidedly racial overtones..."

american constitution society | sotomayor briefing

The American Constitution Society (ACS) [YouTube Excerpts (June 11 2009)] - " ... held a panel discussion at the National Press Club on Judge Sonia Sotomayor's nomination to the Supreme Court. The panel was moderated by Slate's Dahlia Lithwick and included Wade Henderson, president of the Leadership Conference on Civil Rights, Edward Whelan, president of the Ethics and Policy Center, and Cristina Rodriguez, professor of law at the New York University School of Law, who engaged in lively discussion and debate..."

See also, National Journal Online, The Ninth Journal Online -- News and Analysis On The Search To Fill The The Supreme Court  [Thursday, June 11, 2009] - One Way Sotomayor Fails The Diversity Test,  By Amy Harder"

"Sonia Sotomayor would be the first Hispanic justice and the third woman on the court, but in at least one respect she would not bring diversity to the court. She will, if confirmed, continue a growing pattern of filling the Supreme Court with sitting appellate judges.

At an American Constitution Society discussion yesterday on the Sotomayor nomination, panelists debated the pros and cons of selecting potential justices in the mold of former Chief Justice Earl Warren (see video of the event below). Warren was governor of California before President Dwight D. Eisenhower nominated him to the court in 1953..."

aclu on sotomayor

ACLU BLOG -- "The ACLU today released a report summarizing the civil liberties and civil rights record of Judge Sonia Sotomayor, who was nominated by President Obama to replace retiring Justice David Souter as an Associate Justice of the United States Supreme Court. The report was prepared in accordance with ACLU policy, and will be made available to the public and members of the Senate. The ACLU does not endorse or oppose candidates for elective or appointive office. The full text of the report is online at: www.aclu.org/scotus/2008term/39769pub20090608.html.

ACLU BLOG -- "The ACLU today released a report summarizing the civil liberties and civil rights record of Judge Sonia Sotomayor, who was nominated by President Obama to replace retiring Justice David Souter as an Associate Justice of the United States Supreme Court. The report was prepared in accordance with ACLU policy, and will be made available to the public and members of the Senate. The ACLU does not endorse or oppose candidates for elective or appointive office. The full text of the report is online at: www.aclu.org/scotus/2008term/39769pub20090608.html.

"an important data point"

Conservative Group Criticizes Sotomayor on Death Penalty Memo [Washington Post, Opening Arguments, By Jerry Markon, June 5, 2009] -- "A conservative group is criticizing Supreme Court nominee Sonia Sotomayor for signing a 1981 memo that opposed the death penalty and said 'capital punishment is associated with evident racism in our society.'’’

white collar crime - sotomayor

From the white collar crime prof blog ... "Sotomayor and White Collar Crime Opinions" ...