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  • US Supreme Court Vacancy

    Day Two: Balls, Strikes, and Errors

    This post contains some quick takes and many quotations from the first real day of the hearings. Let’s begin with the bottom line: Judge Sonia Sotomayor did not impress, but it probably does not matter. Her goal today was to avoid slipping and saying something that could get her into … More

    The Next Cardozo? Let's Hope Not

    Judge Sonia Sotomayor announced today her admiration for Justice Benjamin Cardozo, who served for 6 years on the Supreme Court after nearly 30 on the New York Court of Appeals. Let’s hope she misspoke, as she has admitted to doing frequently in her speeches and written remarks. Cardozo, she said, … More

    "Equality Requires Effort"

    So said Judge Sotomaytor in response to a question by Sen. Kohl on racial discrimination and diversity. But what about Chief Justice Roberts’s elegant statement to the contrary on  racial relations and equality? “The way to stop discrimination on the basis of race is to stop discriminating on the basis … More

    Sotomayor Quote of the Day: Bias

    As described here, each day during the confirmation hearing I will feature an activist case and a troubling quote from Judge Sotomayor. Today’s quote comes from her 2001 speech at the University of California, Berkeley, School of Law, where Judge Sotomayor made the following troubling statement regarding judicial impartiality: Judge … More

    Ricci Shenanigans

    Sen. Jeff Sessions (R-AL) is currently questioning Judge Sonia Sotomayor about her Ricci v. DeStefano decision. Yesterday at Bench Memos, Heritage fellow Robert Alt blogged about Sotomayor’s role in the case: Ed Whelan has rightly referred to Judge Sotomayor’s dismissive procedural treatment of the Ricci case—in which the panel simply … More

    Its Own Contradiction

    “Life experiences could make a difference,” said Judge Sotomayor in response to a question by Sen. Session. But, she says, “not the result.” So do they or don’t they? Sen. Sessions noted her comment that “[m]y experience affects the facts I see.” Does the Judge, he asked, stand by that … More

    Sotomayor's Unlikely Explanation

    Sen. Leahy asked Judge Sotomayor about several of her controversial statements, including this one: Justice O’Connor has often been cited as saying that a wise old man and wise old woman will reach the same conclusion in deciding cases…. I am also not so sure that I agree with the … More

    Morning Bell: The Judicial Oath vs Sonia Sotomayor

    I do solemnly swear (or affirm) that I will administer justice without respect to persons, and do equal right to the poor and to the rich, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me under the Constitution and laws of the United … More

    Sotomayor’s Activist Cases: The 11-Word Dismissal of the Second Amendment

    To correspond with Judge Sotomayor’s confirmation hearings next week, I am launching a new daily feature: highlighting a key activist case and, separately, a notable quote for each day. In light of the renewed interest in Sotomayor’s Second Amendment jurisprudence, it is appropriate to begin with Maloney v. Cuomo. James … More

    Questions for Sotomayor on Foreign Law

    In April 2009, Supreme Court nominee Sonia Sotomayor delivered a speech to the Puerto Rican chapter of the American Civil Liberties Union (ACLU), where she made it clear that the Court’s citation of foreign and international law was proper, and indeed laudable.  Sotomayor has not yet cited international law in any … More