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August 6, 2009

We now get to call her Justice Sotomayor

This National Law Journal article provides the official SCOTUS transition news following this afternoon's vote by the US Senate:

The Senate has confirmed Judge Sonia Sotomayor to the Supreme Court in a historic vote that will make her the nation's first Hispanic justice and the third woman appointed to the Court.

Sotomayor, born in New York City to parents who moved there from Puerto Rico, won over nine Republican senators to go with the 59 members of the Democratic caucus who were present. The final margin of 68-31 was larger than the 58-42 vote three years ago for Justice Samuel Alito Jr., but it was still a smaller margin than other justices have received.

The vote gives President Barack Obama's administration a significant, early win in the judicial confirmation wars. Smaller battles are just over the horizon, as the Senate considers whether to confirm Obama's first nominees for federal circuit courts....

Sotomayor replaces retired Justice David Souter, who spent 19 years on the Court but submitted his resignation this spring to return to New Hampshire. No plans for Sotomayor's swearing-in have been announced, but she is likely to take her seat within days if not hours.  She will participate in her first oral argument next month, when the Court rehears the campaign finance case Citizens United v. FEC.

As this piece highlights, Justice Sotomayor is going to have to hit the ground running because of the unusual reargument scheduled for September.  In addition, there is a big pile of summer cases in which cert has been requested that, I assume, she will get a chance to consider in some way.  And, as I stressed in my very first substantive post about the Sotomayor nomination, she is now the Justice with the most personal sentencing experience, and she will have to jump right into the dynamic Eighth Amendment debate that surrounds Graham and Sullivan, the two juve LWOP cases from Florida on the SCOTUS docket this fall.

UPDATE:  As this post at The BLT notes, Sonia Sotomayor will be sworn in by Chief Justice John Roberts Jr. on Saturday at 11 am. at the Supreme Court.  Apparently it is notable that this swearing in will take place at the Court rather than at the White House, and it means the new Justice will be in the right place to get cracking with her new job this weekend.

August 6, 2009 at 04:00 PM | Permalink


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Too bad she doesn't have a whole lot of talent . .. .

Posted by: federalist | Aug 6, 2009 4:23:02 PM

The broken record is heard again . . . .

Posted by: federalist is a moron | Aug 6, 2009 5:06:38 PM

unfortunately, the problem is that I am right. Sotomayor is a dim bulb. She cannot even read a Supreme Court opinion. Her comment that Ginsburg's dissent would have affirmed the Second Circuit in the Ricci case is just plain wrong. How is it that a 17 year vet of the federal courts, on something she specifically prepared for, could be so wrong on an elementary issue.

And that's not getting into her dopey response on SCOTUS term limits.

Posted by: federalist | Aug 6, 2009 5:18:40 PM

By the way, Doug, you gonna step into this? I remember you getting pretty ticked off about me calling judges hacks.

Posted by: federalist | Aug 6, 2009 5:21:34 PM

What exactly do you want me to do/say, federalist?

I think the notion of "hack" tends to be in the eye of the beholder, and lots and lots of folks with more time/energy than you or me to look at Sotomayor's record plainly did not conclude she was a "hack." And, especially since Rs would likely benefit and Ds would likely have missed a great opportunity if Sotomayor was a hack, the outcome of the Senate vote gives me further reason to question your judgment, federalist.

Whatever we think of her record to date, we will now get to see Justice Sotomayor perform under the brightest of judicial lights in the months and years ahead, and she will get to show off her talents (however broad they may be) with everybody watching closely.

Posted by: Doug B. | Aug 6, 2009 5:57:17 PM


Posted by: Chrystal K. | Aug 6, 2009 6:02:22 PM

This confirmation fulfills all patriotic revenge against the Supreme Court. Do not arrest them, nor try them, nor execute them. That is too good for these low life miscreants. Make them suffer a long time for their disloyalty to our country and their insurrection against the Constitution.

Pray, she stays healthy and energetic. Grant her an exception to Obama Commie Care, so she lives a long time, in a healthy state. Do not send hospice care counselors if gets sick. Send aggressive doctors who will do what it takes to keep her healthy a long time.

Torment the tormentors of our lawyer besieged nation, Lord, with her accent, her attitude, her rudeness, her irritations, her yelling, her bullying, her affirmative action grade intelligence. Rack them, Lord, with her hate speech, her racism, her sexism, her PC, her extreme entitlements, her hatred of our way of life.

Afflict them, Lord, so they may learn of your wrath, with her lectures, her idiot logic, her lengthy explications, her legal claims against the Supreme Court itself for an infinitude of discriminations. May this waking nightmare measure the sink heights in the Court bathrooms, and file an enhanced ADAA claim if non-compliant.

Posted by: Supremacy Claus | Aug 6, 2009 6:06:14 PM

Fed is a Moron: Do you have a relative named Redundancy?

Posted by: Supremacy Claus | Aug 6, 2009 6:25:20 PM

Supremacy Claus: Do you have a relative named Nathan Bedford Forrest?

Posted by: Res ipsa | Aug 6, 2009 6:58:33 PM

Res: Funny.

The KKK. A lawyer and judge founded and run fraternal organization, both in its 1.0 and 2.0 versions. The terror arm, the Al Aqsa Brigade of the Democrat Party and of the lawyer.

As to lynchings, those had a business plan. It was not as you were taught, poor black kids whistling at white women. It was rich black and Jewish people hanged in extra-judicial executions by the thousands. Then, their assets were seized and given to white lawyers.

How do you lynch 5000 people, in a crowd, with greeting cards made of the pictures of the proud participants and the victim, mailed around the country, without the immunity from the lawyer in the prosecutor's office and on the bench? Answer. It is impossible. The immunity for mass genocidal maniac murder came from the highest levels of the criminal cult hierarchy.

And instead of pursuing reparations from corporations engaging in activities lawful at the time for entitled race whores with zero standing, the vile left wing black lawyer should be answering this question. Is title to real estate ever quiet if acquired by mass murder? The answer? Yes, but only if the public employee prosecutor lawyer and the criminal cult hierarchy have immunized the mass murder. You cannot get a black lawyer to sue to retrieve the value of the stolen titles of murdered black and Jewish victims of the KKK. Why? Because they are not suing for the damages caused by the terror arm of the lawyer CCE.

That brings up the subject of immunity and liability as stealthy, unauthorized, judicial industrial policy. The KKK ran roughshod after 1865. The Congress passed the KKK Act. Grant hanged these traitors by the hundreds if not thousands, including hundreds of lawyer and judge traitors. Black and Jews did well in the South without affirmative action, solely with the enforcement of the rule of law.

In 1876, a stymied presidential election took place, far more frozen than Bush v Gore, and for far longer. The compromise? Republicans get the Presidency, the Democrats get the end of the Reconstruction. The lynchings resumed, and the South resumed its lawyer run hell on earth of racism, mass terror, and abject poverty and failure for 100 years.

Res, thanks for bringing up that name, a rare non-lawyer, non-judge in the leadership of the KKK.

OK. We look down on the moral reprehensibility of the past.

No. We cannot. The lawyer founded and led disparity in the burden of black murder victimization is more than an order of magnitude greater than the number of extra-judicial mass murders of the past (try an excess of 6000 murders a year for 50 years, far more in the 1970's - there should be 2000 black murder victims a year, instead of 8000). And the value of the rent acquired by the criminal cult enterprise is truly big time, this time around, in our KKK ver. 3.0. Again, it has the tacit approval of the highest of the high ranks of the lawyer criminal cult hierarchy.

Posted by: Supremacy Claus | Aug 6, 2009 10:19:42 PM

If you take a close look at Robert's robe during the ceremony, I suspect the sweat will be showing. He is such a control freak, he's already trying to figure out how to rein in his first new contra-justice to set some precedent for when a new really significant one arrives. His personal legacy and agenda are at stake. Poor guy...how in the world will he control everything?

Posted by: Samuel | Aug 7, 2009 11:45:14 AM

Well, Doug, it may tend to be in the eye of the beholder, but it is indisputable that Sotomayor misread Ginsburg's dissent. That's powerful evidence that she isnt all that bright. Couple that with her numerous malapropisms and bothced answers, I'd say that, objectively speaking, she's a hack.

Posted by: federalist | Aug 7, 2009 11:56:51 AM

Are there any non-morons who still comment here?

Judge Sotomayor's mischaracterization of Justice Ginsburg's dissent is only "powerful evidence" of her lack of intelligence if you were already convinced.

Samuel seems to be the one with psychological issues.

And I liked Claus's lawyer-rent-seeking-everywhere schtick better than the current one.

It's kind of a shame, because there's a lot of interesting stuff going on in the world of sentencing, and this is still the best site to keep up with it.

Posted by: anonymous | Aug 7, 2009 12:58:49 PM

Anonymous: My comment is about sentencing and cruelty. Pretend you are a Justice on the Supreme Court. You have a choice, being executed for insurrection against the Constitution or this. You decide.

Spend 1000 hours a year for the rest of your natural life, in close proximity to Justice Sotomayor, with no escape?

Would that even facially pass Eighth Amendment muster?

Yes, you are a lawyer who has done great damage to our nation. However, who deserves that kind of hell?

Posted by: Supremacy Claus | Aug 7, 2009 1:23:10 PM

"Judge Sotomayor's mischaracterization of Justice Ginsburg's dissent is only 'powerful evidence' of her lack of intelligence if you were already convinced."

So lessee, someone on the bench for 17 years who obviously prepared for the specific issue, makes an elementary mistake. Yeah, I'd say that's "powerful evidence". Moreover, all her malapropisms, her comments on SCOTUS term limits and other comments remove all doubt. Sotomayor is a dim bulb. She's not as dumb as Judge Clay, but she's not too bright.

Posted by: federalist | Aug 7, 2009 3:14:47 PM

Right. We get it. Supremacy Claus sees lawyer rent seeking everywhere. You think Sotomayor's a moron because she mischaracterized the Ricci dissent. And a handful of other commenters think that it's a vile human rights violation to prosecute and punish criminals. And these points are so important that they must be repeated in the comments of every post, regardless of what the post happens to be about.

I'm not sure what these malapropisms and other comments are that you refer to, but there's plenty of evidence that she's smart. She was a good student and a successful lawyer, and she's had a solid career as a judge. That said, if you've already decided for yourself that she's a moron, all of those things can be explained away by some things she said during her confirmation hearings. Also, see footnote 10 of Justice Ginsburg's dissent.

Posted by: anonymous | Aug 7, 2009 4:18:21 PM

Anonymous: You grow tired of repetitiveness. But imagine a member of the KKK confirmed in 2009. That is Sotomayor, a Commie, racist, sexist, Hispanic Supremacist, America Hater. Shocking and appalling extremism on the highest court. If you love the South Bronx, you will love this country in a decade, after her ilk gets through with it.

I have not sued you with millions of false lawsuits, destroying your life and business. I have not falsely imprisoned you with an infinity of lawyer gotchas. I have not subjected you to millions of crimes a year by my lawyer protected and immunized client criminals. It the lawyer that is most tiresome in its repetitiveness. I have not subjected you to the failure of every self-stated goal of every law subject by incompetence. I have not sent organized crime union thugs with orders from Chicago to beat you up, to prevent you from speaking on vital health care issues. I have not confiscated your income from your productivity to give it to parasitic lawyer clients, at the point of a gun.

Everyone is tired to the last nerve with the America hating, criminal loving, rent seeking, lawyer traitor. It is time to control this criminal cult enterprise with lawyer control laws. Ban this intentionally incompetent threat to our American Way of Life by constitutional amendment from all benches, legislative seats, and responsible policy positions in the executive. Then, arrest the hierarchy, and after an hour's fair trial, execute them summarily. There would be no charge of any collateral corruption, when their greatest crimes are their appellate and policy decisions.

Then we may rest.

Posted by: Supremacy Claus | Aug 7, 2009 9:45:16 PM

anon, FN 10 doesn't really address what I am talking about.

Posted by: federalist | Aug 10, 2009 5:32:40 PM

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