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    How Many Cases Would Sotomayor Actually get to Hear?

    Besides being a poorly-reasoned decision that threatens independent political activity, the Supreme Court’s holding this week in Caperton v. Massey Coal Company should raise concerns among liberal advocacy groups that are trying to get Sonia Sotomayor confirmed. Taken to its logical conclusion, Caperton might require her to recuse herself in … More

    The Majesty of the Law

    It takes an expensive lawyer…scratch that. It takes a very expensive lawyer, from Sullivan & Cromwell no less, to explain to the Supreme Court that when your client’s CEO said he would “never walk away” from a certain deal, what he really meant was that he would run away from … More

    "Wise Latinas" Make Better Judges: Sonia Sotomayor Meant What She Said

    Last Friday White House press secretary Robert Gibbs tried to defuse the controversy over Supreme Court nominee Sonia Sotomayor’s “wise Latina” comment claiming: “I think she’d say that her word choice in 2001 was poor, that she was simply making the point that personal experience are relevant for the process … More

    “Not Our First Choice”: How Sotomayor Landed on the Bench

    A constant refrain among defenders of Judge Sonia Sotomayor is that she is actually moderate. Ignore her insensitive statements suggesting that there could be physiological differences between ethnicities which contribute to “differences in logic and reasoning.” Ignore her lightly mocking the idea that judges don’t “make law.” Ignore her dismissing … More

    Depends on What Your Definition of 'Advice and Consent' Is

    There are some who believe that the president, having won the election, should have complete authority to appoint his nominee and the Senate should only examine whether the justice is intellectually capable and an all-around good guy; that once you get beyond intellect and personal character, there should be no … More

    Sonia Sotomayor's Second Amendment Problem

    Heritage Senate Relations Director Brian Darling notes: President Obama’s nominee to the U.S. Supreme Court, 2nd Circuit Judge Sonia Sotomayor, owes the American people an explanation on her view of the Second Amendment. Most nominees come before the Senate Judiciary Committee and refuse to answer questions about hot-button issues such … More

    Denying the Second Amendment Rights of Americans – Another Bad Decision by Judge Sotomayor

    When the Supreme Court decided the Heller case last year striking down the District of Columbia’s handgun ban, it recognized that the Second Amendment confers an individual right to bear arms. However, because the case arose out of Washington, which is a federal district under our Constitution, the Court did … More

    Remember Estrada

    Do you remember Miguel Estrada? Back in 2001, Miguel Estrada was a nominee for the United Court of Appeals for the DC Circuit. Unfortunately, Miguel Estrada never became a judge. His crime? He was a Latino Republican who liberals believed was on the fast-track for the Supreme Court. Despite graduating … More

    "What's an empathetic judge to do?"

    Heritage fellow Robert Alt writes in U.S. News: My late constitutional law professor once offered the following hypothetical about a fishing dispute that made its way to court. On one side were Native Americans; on the other, environmentalists. After a pregnant pause, he mused: “What’s a liberal to do?” Were … More

    Felon Voting: Another Troubling Sotomayor Decision

    One of the biggest annoyances to the Left in recent years has been the Constitutional right of states to prohibit felons from voting. They have filed lawsuit after lawsuit (unsuccessfully) under the Voting Rights Act trying to overturn these laws. Fortunately, except for the Ninth Circuit (as usual), other circuit … More