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Author Topic: Obama's Supreme Court Justice pick  (Read 1612 times)

Offline Jay

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Obama's Supreme Court Justice pick
« on: May 26, 2009, 08:46:37 AM »
http://news.yahoo.com/s/ap/20090526/ap_on_go_su_co/us_obama_supreme_court

BEN FELLER, Associated Press Writer Ben Feller, Associated Press Writer ? 35 mins ago

WASHINGTON ? President Barack Obama tapped federal appeals judge Sonia Sotomayor for the Supreme Court on Tuesday, officials said, making her the first Hispanic in history picked to wear the robes of a justice.

If confirmed by the Senate, Sotomayor, 54, would succeed retiring Justice David Souter. Two officials described Obama's decision on condition of anonymity because no formal announcement had been made.

Administration officials say Sotomayor would bring more judicial experience to the Supreme Court than any justice confirmed in the past 70 years.

A formal announcement was expected at midmorning.

Obama had said publicly he wanted a justice who combined intellect and empathy ? the ability to understand the troubles of everyday Americans.

Democrats hold a large majority in the Senate, and barring the unexpected, Sotomayor's confirmation should be assured.

If approved, she would join Justice Ruth Bader Ginsburg as the second woman on the current court.

Sotomayor is a self-described "Newyorkrican" who grew up in a Bronx housing project after her parents moved to New York from Puerto Rico. She has dealt with diabetes since age 8 and lost her father at age 9, growing up under the care of her mother in humble surroundings. As a girl, inspired by the Perry Mason television show, she knew she wanted to be a judge.

A graduate of Princeton University and Yale Law School, a former prosecutor and private attorney, Sotomayor became a federal judge for the Southern District of New York in 1992.

As a judge, she has a bipartisan pedigree. She was first appointed by a Republican, President George H.W. Bush, then named an appeals judge by President Bill Clinton in 1997.

At her Senate confirmation hearing more than a decade ago, she said, "I don't believe we should bend the Constitution under any circumstance. It says what it says. We should do honor to it."

In one of her most memorable rulings as federal district judge, Sotomayor essentially salvaged baseball in 1995, ruling with players over owners in a labor strike that had led to the cancellation of the World Series.

As an appellate judge, she sided with the city of New Haven, Conn., in a discrimination case brought by white firefighters after the city threw out results of a promotion exam because two few minorities scored high enough. Ironically, that case is now before the Supreme Court.

Obama's nomination is the first by a Democratic president in 15 years.

His announcement also leaves the Senate four months ? more than enough by traditional standards ? to complete confirmation proceedings before the Court begins its next term in the fall.

Republicans have issued conflicting signals about their intentions. While some have threatened filibusters if they deemed Obama's pick too liberal, others have said that is unlikely.

Given Sotomayor's selection, any decision to filibuster would presumably carry political risks ? Hispanics are the fastest-growing segment of the population and an increasingly important one politically.

Abortion rights have been a flashpoint in several recent Supreme Court confirmations, although Sotomayor has not authored any controversial rulings on the subject.

Sotomayor's elevation to the appeals court was delayed by Republicans, in part out of concerns she might someday be selected for the Supreme Court. She was ultimately confirmed for the appeals court in 1998 on a 68-28 vote, gathering some Republican support.

Among those voting against her was Alabama Sen. Jeff Sessions, now the top Republican on the Judiciary Committee that will hold sway over her confirmation.

Now, more than a decade later, Sotomayor possesses credentials Sessions said he wanted in a pick for the high court ? years of experience on the bench. Obama had talked openly about the upside of choosing someone outside the judiciary ? every single current justice is a former federal appeals court judge ? but passed on at least two serious candidates who had never been judges.


Now,

Since the election, I have feared how Obama would influence the Supreme Court as openings came up. What do you all know about Judge Sotomayer? The quote "I don't believe we should bend the Constitution under any circumstance. It says what it says. We should do honor to it." has peaked my interest, but that was apparently said more than 10 years ago, and it is her interpretation of what she thinks the Constitution says that matters.

More research is in order.

Offline FarmerRick

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Re: Obama's Supreme Court Justice pick
« Reply #1 on: May 26, 2009, 11:08:39 AM »



And from here: http://www.scotusblog.com/wp/judge-sotomayors-appellate-opinions-in-civil-cases/

Second Amendment:  Sotomayor was also a member of the panel that issued a per curiam opinion in another controversial case that may be headed for the Court next year.  In Maloney v. Cuomo, 554 F.3d 56 (2009), the panel considered (as relevant here) a claim by a New York attorney that a state law prohibiting possession of a chuka stick (also known as nunchaku, a device used in martial arts consisting of two sticks joined by a rope or chain) violated his Second Amendment right to bear arms.  The district court rejected the claim on the ground that the Second Amendment does not apply to the states.  On appeal, the panel affirmed.  Relying on the Supreme Court?s 1886 decision in Presser v. Illinois, it explained that it was ?settled law . . . that the Second Amendment applies only to limitations the federal government seeks to impose? on the individual?s right to bear arms.  The Supreme Court?s recent decision in District of Columbia v. Heller, the court continued, ?does not invalidate this longstanding principle.?  And while acknowledging the possibility that ?Heller might be read to question the continuing validity of this principle,? the panel deemed itself bound to follow Presser because it ?directly controls, leaving to the Supreme Court the prerogative of overruling its own decisions.?  Maloney?s lawyers intend to file a petition for certiorari in late June.

My opinion:  She's not an ideal candidate, but not much worse than who she may be replacing.
Those who would give up essential Liberty, to purchase a little temporary Safety, deserve neither Liberty nor Safety.

Offline Dark Helmet

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Re: Obama's Supreme Court Justice pick
« Reply #2 on: May 26, 2009, 03:14:58 PM »
could be worse...

Offline Dan W

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Re: Obama's Supreme Court Justice pick
« Reply #3 on: May 26, 2009, 08:31:04 PM »
could be worse...

an avowed Liberal Activist that laughs about making policy from the bench... I could not be worse.
Dan W    NFOA Co Founder
Today, we need a nation of Minutemen, citizens who are not only prepared to take arms, but citizens who regard the preservation of freedom as the basic purpose of their daily life and who are willing to consciously work and sacrifice for that freedom.   J. F. K.

Offline DJPeter

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Re: Obama's Supreme Court Justice pick
« Reply #4 on: May 27, 2009, 02:23:30 PM »
I contacted Senator Mike Johanns and Ben Nelson and voiced my opinion and urged them to vote accordingly.
"A well regulated militia, composed of the body of the people, trained in arms, is the best most natural defense of a free country".
James Madison

Offline huskergun

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Re: Obama's Supreme Court Justice pick
« Reply #5 on: May 27, 2009, 08:05:24 PM »
 >:( >:(
« Last Edit: May 27, 2009, 08:08:03 PM by huskergun »
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Offline huskergun

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Re: Obama's Supreme Court Justice pick
« Reply #6 on: May 27, 2009, 08:06:24 PM »
could be worse...

an avowed Liberal Activist that laughs about making policy from the bench... I could not be worse.

Agreed 150%. This is not good.
The tree of liberty must be refreshed from time to time with the blood of patriots and tyrants.
Thomas Jefferson




No Free man shall ever be debarred the use of arms.
Thomas Jefferson.

Offline huskergun

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Re: Obama's Supreme Court Justice pick
« Reply #7 on: May 27, 2009, 08:25:45 PM »
I hear Ben Nelson has said he would not support any activist judge. Haven't confirmed this yet. I'll believe it if I see it.
The tree of liberty must be refreshed from time to time with the blood of patriots and tyrants.
Thomas Jefferson




No Free man shall ever be debarred the use of arms.
Thomas Jefferson.

Offline Dan W

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Re: Obama's Supreme Court Justice pick
« Reply #8 on: May 27, 2009, 09:21:54 PM »
Oh yea, he said it on the  record, but I doubt he will find the evidence of activism that will make him vote against her. He is campaigning for the next election
Dan W    NFOA Co Founder
Today, we need a nation of Minutemen, citizens who are not only prepared to take arms, but citizens who regard the preservation of freedom as the basic purpose of their daily life and who are willing to consciously work and sacrifice for that freedom.   J. F. K.

Offline Dan W

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Re: Obama's Supreme Court Justice pick
« Reply #9 on: June 29, 2009, 07:58:33 PM »
NRA Members Must Oppose Sotomayor
by Sandy Froman

Wednesday, June 24, 2009

Judge Sonia Sotomayor, President Barack Obama's first nominee to the
U.S. Supreme Court, has a narrow view of the Second Amendment that
contradicts the Court's landmark decision in District of Columbia v.
Heller.  A heated debate has started in the U.S. Senate over her
opposition to the right to keep and bear arms. This issue, which has
decided the fate of presidential elections, could also decide her
nomination. Gun owners, and especially the members of the National Rifle
Association, must aggressively oppose Judge Sotomayor's confirmation to
the Supreme Court.

On June 24, senators began speaking on the floor of the Senate
expressing grave concerns over Judge Sotomayor's Second Amendment
record. Senator Jeff Sessions R-AL, the Ranking Member of the Senate
Judiciary Committee, pointed out that although her record on the issue
is "fairly scant," she has twice stated that the Second Amendment is not
a fundamental right.  Senator Sessions also noted that in Second
Amendment and other constitutional cases, Sotomayor's analysis of
important constitutional issues has been lacking suggesting "a troubling
tendency to avoid or casually dismiss difficult Constitutional issues of
exceptional importance."  Sotomayor's view on the Second Amendment
clearly reflects an extreme anti-gun philosophy, and some Democrat
senators from pro-gun states are justifiably nervous.

Last year, the Supreme Court held in Heller that the Second Amendment
guarantees the right of individual Americans to keep and bear firearms.
But that ruling was a fiercely-contested, 5-4 split decision. Justice
Kennedy joined the four conservatives on the Court to make the majority,
with the four liberal justices writing passionate dissents about how the
Second Amendment does not apply to private citizens.

Bluntly speaking, the Second Amendment survived by a single vote. Had
one justice voted differently, the Second Amendment would have been
erased from the Bill of Rights forever. Today in the Supreme Court, the
right to bear arms hangs by a single vote.

The next question the Supreme Court will decide is whether the Second
Amendment is a "fundamental right" that applies to cities and states,
thus preventing them from restricting gun rights.  Even the liberal
Ninth Circuit Court of Appeals held earlier this year in Nordyke v. King
that the Second Amendment is a fundamental right, yet Judge Sotomayor
disagrees.

When Barack Obama nominated Sonia Sotomayor to the Supreme Court, it
belied his flowery rhetoric about respecting our constitutional gun
rights. Out of almost 200 federal appeals judges in this country, Judge
Sotomayor is one of only six to weigh in (after the Heller case) to hold
that the Second Amendment only limits federal actions. If your state or
city chooses to ban all guns or take away the ones that you already have
in your home for hunting and self-defense, Sonia Sotomayor says the
Constitution can't help you.

This position becomes all the more radical when it's revealed how she
reached this conclusion. Only six judges have denied gun rights against
the states. Of these, three did so in a recent Seventh Circuit case, NRA
v. Chicago, writing a detailed opinion that the Second Amendment doesn't
apply to the states because they thought an old 1800s Supreme Court case
tied their hands on the issue, and they commended the case up to the
Supreme Court after long and scholarly consideration. Judge Sotomayor
and two of her liberal colleagues, however, wrote only a single
paragraph on the whole issue when deciding their own New York case,
Maloney v. Cuomo. In one paragraph, she said the Second Amendment gives
people no rights at all when it comes to state or city laws. She gave no
explanation, and made no call for Supreme Court action.

Then we find that this has been a consistent belief for Sotomayor. In a
case before her in 2004, she and her colleagues concluded that there is
no fundamental right in the Second Amendment but provided no substantive
analysis to justify this conclusion. Throughout her career, Judge
Sotomayor's record is one of consistent opposition to the private
ownership of firearms.

America has almost 90 million gun owners who value their rights. And of
these, no one does more to protect the Second Amendment than the four
million members of the National Rifle Association.

I served as an officer of the NRA for nine years, including a two-year
term as president. I saw NRA members turn the tide on Election Day 2000
to defeat Al Gore. We fought again to help defeat John Kerry in 2004. We
can do the same with Sonia Sotomayor, if we call our U.S. Senators and
tell them to vote against this anti-gun judge. No fewer than fourteen
Democrat senators have solid records on the Second Amendment, and we
must urge them to oppose this nominee.

Next year, the Supreme Court is likely to take up NRA v. Chicago, which
will decide whether the Second Amendment applies to states and cities
like it does the federal government. This case is as important as
Heller, and will massively impact gun rights forever.

We already know where Judge Sotomayor stands. It's time to tell the
Senate, "Vote No! on Sonia Sotomayor."


Dan W    NFOA Co Founder
Today, we need a nation of Minutemen, citizens who are not only prepared to take arms, but citizens who regard the preservation of freedom as the basic purpose of their daily life and who are willing to consciously work and sacrifice for that freedom.   J. F. K.

Offline SBarry

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Re: Obama's Supreme Court Justice pick
« Reply #10 on: June 29, 2009, 09:50:49 PM »
Today's decision over-ruled her decision that white and hispanic fireman can't get a promotion over a black man because they do better on a test, color ruled in her decision.


Time to bombard Ben Nelson's office with more emails, letters and phone calls.

She is young enough and liberal enough to set this country on a faster downward spiral than it already is. She could be a thorn in our side that we will never recover from.

We took a terrible turn for the worse with 3+ terms of FDR, installing liberal judges to the supreme court, that forever changed the policies and enforced a socialist agenda in the United States. We must fight now to change the court back to where it was before the New Deal. NO ON SOTOMAYOR!
The sheep don't like this sheepdog until the wolves start working the flock.

Offline DJPeter

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Re: Obama's Supreme Court Justice pick
« Reply #11 on: June 29, 2009, 10:23:08 PM »
We should not forget also to pressure Senator Mike Johanns about this nomination. Lately he stated that he was impressed with Ms. Sotomayor and her demeanor when he met her. We should remind him what is at stake and ask him to vote accordingly. That is to protect our 2nd Amendment rights to bear arms to protect our sovereignty. 
"A well regulated militia, composed of the body of the people, trained in arms, is the best most natural defense of a free country".
James Madison