It looks like you're using an Ad Blocker.
Please white-list or disable AboveTopSecret.com in your ad-blocking tool.
Some features of ATS will be disabled while you continue to use an ad-blocker.
In a 2004 criminal case, U.S. v. Sanchez-Villar, a three-judge panel that included Sotomayor wrote that "the right to possess a gun is clearly not a fundamental right."
Another case involved a fellow named James Maloney who was arrested in Port Washington, N.Y. for possessing a nunchaku -- typically sticks connected by rope or chain -- in his home. Maloney claimed that the Second Amendment rendered the state law banning nunchakus unconstitutional.
A three-judge panel including Sotomayor unanimously rejected his claim in January 2009, ruling that the Second Amendment "imposes a limitation on only federal, not state, legislative efforts." All members of the panel agreed with this sentiment, but because the opinion was unsigned, it's not clear who wrote it.
Sotomayor's 2001 speech had similar overtones, as she conceded that white justices had made historic decisions on race and gender but emphasized that the attorneys who argued these decisions before the court were African-Americans and women.
Originally posted by jd140
Personel expireance plays no role in how a judge should rule their court.
Originally posted by grover
I love the way the right throws around the term racist...
Most of these clowns have no idea.
Originally posted by poet1b
reply to post by CuriousSkeptic
Anyone who works their way up from the bottom has to beat the odds, even white males.
Considering Sotomayor's success came during an era of affirmative action, you have to wonder if she speculates about how much of her success is due to affirmative action, and how frustrating those thoughts must be. The truth is that she had to be the best and brightest among minorities. White males without connections are the ones who had to be the best and the brightest to even be given a chance in a world that had decided to stack the odds against them. In a quota system, the white males with connections were going to be given priority when only so many positions are open, minorities will be given their opportunity based on merit, and lastly, white males without connections, but with considerable merit might be given a shot.
Even with affirmative action, racial quotas and preferences and such, Sotomayor must be a very driven and intelligent person to reach the level that she has reached. Still, she has also had to learn how to play the game of politics.
Judge Sotomayor’s colleagues on the United States Court of Appeals for the Second Circuit say her tough and direct questioning reflects engagement and, sometimes, an effort to persuade her colleagues. Those qualities, coupled with a gregarious personality, they said, make her a powerful force behind the scenes, where she has used her mastery of the cases to change minds, improve opinions and forge consensus.
Other colleagues said Judge Sotomayor frequently sent unusually detailed, closely reasoned and helpful memorandums critiquing their draft opinions. “She will offer substantive suggestions,” said Judge Jon O. Newman, “but she will not be tenacious in making sure the language comes out exactly her way.”
But secondly, a 60 percent reversal rate is actually below average based on the Washington Times' criteria. According to MediaMatters.org, the Supreme Court typically reverses about 75 percent of circuit court decisions that it chooses to rule upon.
The reason that the reversal rate is so high, of course, is that the Supreme Court has a lot of discretion about which cases it chooses to review and rule upon, and is generally not going to be inclined to overturn law dictated by a lower court unless the legal reasoning is substantially questionable and has a strong chance of reversal. The better metric would probably be the number of decisions that the Supreme Court overturned out of all of Sotomayor's majority opinions — whether the Court elected to review them in detail or not.
Since joining the Second Circuit in 1998, Sotomayor has authored over 150 opinions, addressing a wide range of issues, in civil cases. To date, two of these decisions have been overturned by the Supreme Court; a third is under review and likely to be reversed. In those two cases (and likely the third), Sotomayor's opinion was rejected by the Supreme Court's more conservative majority and adopted by its more liberal dissenters (including Justice Souter). Those outcomes suggest that Sotomayor's views would in many respects be similar to those of Justice Souter.
"What she said is that based on her life experiences is that she thought a Latina woman, somebody with her background, would be a better judge than a guy like me -- a white guy from South Carolina," Graham said. "It is troubling, and it's inappropriate and I hope she'll apologize."
With Sotomayor's confirmation set to dominate the summer months, Graham said the nominee will have to "prove" that she could give somebody like him a "fair shake" in court. He said her controversial statement suggests she feels her life experiences give her a "superiority" over others.
"I don't want that kind of person being a judge in my case," he said. But he dismissed claims from conservatives like talk show host Rush Limbaugh and former House Speaker Newt Gingrich that Sotomayor is a "racist."