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Sessions Warns Against Sotomayor’s Vulnerability to the ‘Siren Call of Judicial Activism’

Sen. Jeff Sessions (R-Ala.) has taken his case against Supreme Court nominee Sonia Sotomayor to the public, explaining why he plans to vote against a nominee that even some in his own party are saying is among the most qualified candidates for the high court in decades.
Still, it’s not completely clear if he’s warning conservatives [...]


Republicans Remain Nervous About Sotomayor and Gun Rights

Second Amendment rights remain high on the list of issues Republicans are still nervous about when it comes to Supreme Court nominee Sonia Sotomayor. But no matter how they try to over-simplify the still-undecided question of whether the Constitution actually grants individual citizens a fundamental right to bear arms, Sotomayor has, as expected, stood firm [...]


Hatch Repeats False Claim About Ricci

Senator Orrin Hatch (R-Utah), questioning Supreme Court nominee Sonia Sotomayor about her role in the case of Ricci v. deStefano, this morning repeated the faulty analysis offered by conservative Republican groups right after that case was decided by the Supreme Court on a 5-4 margin in June.
“All nine of the justices disagreed with your handling [...]


Right-Wingers Portray 5-4 SCOTUS Ricci Decision as 9-0 Against Sotomayor

Somehow, the 5-4 ruling from the Supreme Court earlier today in Ricci v. DeStefano has been turned into a 9-0 ruling against Supreme Court nominee Sonia Sotomayor, according to some conservative critics.
“NOT EVEN ONE JUSTICE APPROVED SOTOMAYER IN RICCI CASE,” blares the headline of a statement from Wendy Long, counsel to the Judicial Confirmation Network, [...]


Sotomayor’s Supporters and Foes to Debate Supreme Court’s Decision

Interest groups are already lining up to use the Supreme Court’s decision today in Ricci v. DeStefano in their favor, whether they support or oppose the nomination of Judge Sonia Sotomayor to the high court.
As Aaron noted earlier, the Supreme Court this morning decided that the city of New Haven violated the federal civil rights [...]


Ricci Case As Example of Sotomayor’s Judicial Restraint

Amid the debate over Sotomayor’s supposedly “activist” move joining the per curiam opinion in the reverse discrimination case of Ricci v. DeStefano, there’s been little actual analysis of the legal standards the Second Circuit Court of Appeals panel’s decision was based on.
Although that may be because the panel did not issue a long written opinion [...]


Bush v. Gore Was a Per Curiam Opinion, Too

Reporters and commentators having been making much of the fact that in the case of Ricci v. DeStefano — which upheld New Haven’s right to discard the results of two promotional exams for firefighters, to avoid promoting only white firefighters  — Judge Sonia Sotomayor joined two other Second Circuit Court of Appeals judges in issuing [...]