reply to post by ChrisF231
It is a gross distortion of the facts to claim that Sotomayor has a 60% rate of cases overturned by the SC.
www.usnews.com...
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.
It is always a good idea to check the information you are being given.
I would add that those cases overturned are situations where the conservative judges on the SC put corporate rights above individual rights. A
position which I find to be an indication of very bad precedence.
I believe the third case they are referring to is the one on second amendment rights and the ability of states to take them away.
Personally, I think the decision on the case of discrimination against the firefighters is wrong as well.
However, the record shows that Sotomayor is very qualified for the job.
The question is, can she be counted on to be unbiased as a jurist?
[edit on 29-5-2009 by poet1b]