5/26/2009

Judge Sonia Sotomayor's Supreme Court Nomination, some useful links

On Sonia Sotomayor's judicial temperament and her ability to influence others.
More Sotomayor by Jeffrey Rosen, Rosen responds to his critics.

From the Almanac of the Federal Judiciary on Sonia Sotomayor:
Sotomayor can be tough on lawyers, according to those interviewed. "She is a terror on the bench." "She is very outspoken." "She can be difficult." "She is temperamental and excitable. She seems angry." "She is overly aggressive--not very judicial. She does not have a very good temperament." "She abuses lawyers." "She really lacks judicial temperament. She behaves in an out of control manner. She makes inappropriate outbursts." "She is nasty to lawyers. She doesn't understand their role in the system--as adversaries who have to argue one side or the other. She will attack lawyers for making an argument she does not like."


On Sonia Sotomayor's being a below average quality circuit court judge (at best average quality). Data against Obama's claim that Sotomayor is “a rigorous intellect, a mastery of the law.”
Judge Sonia Sotomayor: What the Data Show

Richard Epstein discusses Sotomayor here:

Here is one straw in the wind that does not bode well for a Sotomayor appointment. Justice Stevens of the current court came in for a fair share of criticism (all justified in my view) for his expansive reading in Kelo v. City of New London (2005) of the "public use language." Of course, the takings clause of the Fifth Amendment is as complex as it is short: "Nor shall private property be taken for public use, without just compensation." But he was surely done one better in the Summary Order in Didden v. Village of Port Chester issued by the Second Circuit in 2006. Judge Sotomayor was on the panel that issued the unsigned opinion--one that makes Justice Stevens look like a paradigmatic defender of strong property rights.

I have written about Didden in Forbes. The case involved about as naked an abuse of government power as could be imagined. Bart Didden came up with an idea to build a pharmacy on land he owned in a redevelopment district in Port Chester over which the town of Port Chester had given Greg Wasser control. Wasser told Didden that he would approve the project only if Didden paid him $800,000 or gave him a partnership interest. The "or else" was that the land would be promptly condemned by the village, and Wasser would put up a pharmacy himself. Just that came to pass. But the Second Circuit panel on which Sotomayor sat did not raise an eyebrow. Its entire analysis reads as follows: "We agree with the district court that [Wasser's] voluntary attempt to resolve appellants' demands was neither an unconstitutional exaction in the form of extortion nor an equal protection violation."

Maybe I am missing something, but American business should shudder in its boots if Judge Sotomayor takes this attitude to the Supreme Court. Justice Stevens wrote that the public deliberations over a comprehensive land use plan is what saved the condemnation of Ms. Kelo's home from constitutional attack. Just that element was missing in the Village of Port Chester fiasco. Indeed, the threats that Wasser made look all too much like the "or else" diplomacy of the Obama administration in business matters. . . .


Ken Blackwell on Sotomayer's views on guns.

President Obama’s nomination of Judge Sonia Sotomayor is a declaration of war against America’s gun owners and the Second Amendment to our Constitution. If gun owners mobilize and unite, it’s possible (though unlikely) to stop this radical nominee. . . .



Obama talked about Sotomayor's "recognition of the limits of the judicial role. The understanding that the judge's job is to interpret, not to make law." Yet, here is Sotomayor in her own words:



Sotomayor's view on judging.

“I would hope that a wise Latina woman with the richness of her experiences would more often than not reach a better conclusion than a white male who hasn’t lived that life,” said Judge Sotomayor.


In defense of Sotomayer.
Jeffrey Rosen, TNR and the anonymous smears against Sonia Sotomayor

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2 Comments:

Blogger Chas said...

"She really lacks judicial temperament."

Markie Marxist sez: "COOOOOL! I really get off on hot-tempered Marxist revolutionaries! And you have to admit, she's pretty good looking for a Marxist! (I know, they tend to run ugly. We're working on that, but we haven't come up with a solution yet. It seems that good looking chicks don't want to be Marxists, and we can't keep the ugly looking ones away. If I see one more set of commie cankles I'm gonna puke!)"

5/26/2009 7:47 PM  
Blogger Harry Schell said...

Based on the comment about "the rich experience of a Latina woman" leading to superior judgement than that of a "white male"...I suspect ACLU would be crawling all over her if you replace "Latina" with "white male" in her comment.

Napalm would be for the cleanup, not violent enough for the main attack.

And Pelosi runs off at the mouth about "elected females being more ethical than elected males"...

Yep, we sure as hell is post-racial and sexist, long as the right people are talking about it.

Disgusting.

5/26/2009 7:57 PM  

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