July 14, 2009
Posted: 09:55 AM ET
From CNN Supreme Court Producer Bill Mears Stare decisis Writ or petition for certiorari Legislative intent Filed under: Sonia Sotomayor Supreme Court July 9, 2009
Posted: 12:35 PM ET
From CNN Supreme Court Producer Bill Mears
CNN Supreme Court Producer Bill Mears looks at the impact Sonia Sotomayor would have on the Supreme Court.
WASHINGTON (CNN) — If Sonia Sotomayor fulfills her long-held dream to sit on the Supreme Court, she would have the prestige of joining the highest court in the land, lifetime job security, and a public forum as the first Hispanic on that bench. The 55-year-old judge would also have the opportunity to become a influential force among her colleagues, a legal pioneer who could help shape the law and its effect on society in any number of ways. But such a legacy would not come easily and it certainly would not come quickly. The internal dynamics of a body built on tradition and stability have long discouraged swift and sweeping forces that are regularly felt in the other branches of government, and society at large. If confirmed by the Senate, Sotomayor would become the junior justice, someone with the least seniority but no less authority than her eight benchmates. She would bring with her a bit of history, along with the public attention and political scrutiny that would follow. "It's a step forward for the country. Having someone who's in a permanent lifetime appointment at the highest levels of the government who has this background, both economically and ethnically, is a big deal, it's a moment," said Thomas Goldstein, co-founder of scotusblog.com whose has argued before the justices as a private attorney. "The idea that a Democratic president did this and embraced them in this way will not be forgotten." Filed under: Sonia Sotomayor Supreme Court July 8, 2009
Posted: 12:55 PM ET
From CNN Supreme Court Producer Bill Mears
Sonia Sotomayor spends her days in a small office next to the West Wing of the White House.
WASHINGTON (CNN) – Judge Sonia Sotomayor's world these days is a tiny, plain office in the Eisenhower Office Building next door to the West Wing of the White House. There she prepares for next week's confirmation hearings to become the 111th person to sit on the U.S. Supreme Court. While a group of mostly young lawyers meet regularly with her, sources close to the judge say much of her time is spent alone, reading her past cases and speeches, taking notes — the monotonous, grinding work every high court nominee must go through to endure the intense scrutiny by the Senate Judiciary Committee. Away from her family, friends and colleagues in New York and the comfort zone of her judicial chambers — the federal appeals court judge has felt overwhelmed at times by the media attention and intense preparation, say sources close to her. But they say she remains focused and surprisingly upbeat about the unpredictable public stage she is about to take. "She has always possessed this quiet confidence in herself, which really never crosses into over-confidence," said one longtime friend who asked not to be identified. "Sonia is proud of her record as a judge, proud of her upbringing, and proud of herself. She'll do well" in the hearings. Filed under: Sonia Sotomayor Supreme Court July 7, 2009
Posted: 11:51 AM ET
From CNN Supreme Court Producer Bill Mears WASHINGTON (CNN) — Supreme Court nominee Sonia Sotomayor has been given the American Bar Association's highest rating for "professional qualification," a political boost less than a week before her confirmation hearings begin in the Senate. An ABA committee that reviewed her record concluded unanimously Tuesday that she is "well qualified" to sit on the high court. The nation's largest association of attorneys has been evaluating nominees to the federal bench for five decades. Sotomayor was last evaluated by the ABA in 1998 when she was nominated for the appeals court seat she now occupies. She was also rated "well-qualified," but the vote then was not unanimous. Her confirmation hearings for the high court begin Monday, and Judiciary Chairman Sen. Patrick Leahy, D-Vermont, applauded the ABA evaluation, saying it "should eliminate the doubts of naysayers who have questioned Judge Sotomayor's disposition on the bench." Filed under: Sonia Sotomayor Supreme Court June 29, 2009
Posted: 12:55 PM ET
From CNN Supreme Court Producer Bill Mears
Justice Souter said goodbye to his colleagues Monday.
WASHINGTON (CNN) – Retiring Justice David Souter said goodbye to his U.S. Supreme Court colleagues Monday, telling them in a brief statement he read from the bench that they had "touched me more than I can say." The 69-year-old justice said he is looking forward to his retirement in New Hampshire, but would retain fond memories of "the finest moments in my life." The court is now in recess until early September and awaiting the possible confirmation of appellate Judge Sonia Sotomayor to replace Souter. Nominated by President George H.W. Bush in 1990, Souter announced May 1 that he would step down from the high court after 19 years. Near the end of the court's public session, Chief Justice John Roberts read a letter from his benchmates to Souter, noting a "profound sense of loss" over his retirement. "We deeply value the times we have shared in judicial service," said Roberts, who then briefly quoted poet Robert Frost. "We understand your desire to trade white marble for White Mountains [of New Hampshire], and return to your land 'of easy wind and downy flake.' " Retired Justice Sandra Day O'Connor also signed the letter. After Roberts spoke, Souter announced, "I too have a statement to read from the bench," in a deadpan voice that brought laughter to the courtroom. The friendship of his colleagues "has held together despite the pull of the most passionate dissent," he said. "You quoted the poet, and I will, too, in words that set out the ideal of the life engaged, " … where love and need are one. … ," Souter said. "We have agreed or contend with each other over those things that matter to decent people in a civil society. For nineteen terms, I have lived that life with you, all of us sharing our own best years with one another, working side by side as fellow servants and friends." His personal remarks brought wide smiles from the other justices, but no tears. The low-key, private Souter had wished for no elaborate ceremony or celebration, preferring the short, eloquent power of words to convey his appreciation. Souter is expected to depart this week for his home in rural Weare, New Hampshire. He has no specific plans in retirement, but has indicated he may occasionally sit as a senior judge on federal appeals court cases, which the law allows for retired justices. Filed under: David Souter Supreme Court Posted: 12:55 PM ET
From CNN Supreme Court Producer Bill Mears WASHINGTON (CNN) – A small Kansas church that has gained nationwide attention for protesting loudly at funerals of U.S. service members killed in overseas conflicts received a temporary victory from the Supreme Court over their free speech rights. The justices Monday rejected an appeal from Missouri officials over their efforts to keep members of the Topeka-based Westboro Baptist Church from demonstrating at least 300 feet from memorial services and burials. The church, led by pastor Fred Phelps, believes God is punishing the United States for "the sin of homosexuality," through events including soldiers' deaths. Members have traveled the country, shouting at grieving family members at funerals and displaying such signs as "Thank God for Dead Soldiers," "God Blew Up the Troops" and "AIDS Cures Fags." A lower court had granted an injunction blocking enforcement of the law until it could be challenged. Filed under: Supreme Court June 22, 2009
Posted: 04:12 PM ET
From CNN Supreme Court Producer Bill Mears WASHINGTON (CNN) — The Supreme Court on Monday refused to allow a lawsuit filed by former CIA operative Valerie Plame against onetime Bush administration officials to continue. The justices offered no explanation for deciding not to hear the case brought by Plame and her husband, former Ambassador Joe Wilson. The two accused then-Vice President Dick Cheney and other top officials of leaking Plame's identity to reporters in 2003, endangering her life as covert operative and violating her constitutional rights. A federal appeals court had dismissed the lawsuit, saying the allegations do not fall under protections provided by the Privacy Act. Filed under: Bush administration Dick Cheney Supreme Court Valerie Plame Posted: 10:36 AM ET
From CNN Supreme Court Producer Bill Mears
The Supreme Court ruled Monday in a major voting rights case.
WASHINGTON (CNN) — The Supreme Court compromised Monday in a major voting rights case, finding a powerful enforcement tool in the landmark Voting Rights Act was being applied too broadly. The decision avoided the larger issue of whether the federal government should continue to have broad oversight to ensure local areas are free of voter discrimination. The justices by a unanimous vote allowed states and local communities more power to challenge the "preclearance" provision of the 1965 law that provides continuing federal control over election practices in 16 states, based Other states are not covered by the provision even if they, too, might discriminate against minority voters. Filed under: Popular Posts Supreme Court June 16, 2009
Posted: 06:42 PM ET
From CNN Supreme Court Producer Bill Mears
Supreme Court Justice Ruth Bader Ginsburg told a group of lawyers and judges that she was 'cheered' at the nomination of Sonia Sotomayor.
WASHINGTON (CNN) – While most sitting Supreme Court justices refuse to comment at all about current and future nominees to that bench, one member says she can't wait to welcome Sonia Sotomayor to that exclusive club. Justice Ruth Bader Ginsburg — the only women on the nine-member court — told a group of lawyers and judges this past weekend she was "cheered" at the nomination of Sotomayor. Ginsburg said the 54-year-old federal appeals court judge brings "a wealth of experience in the law and in life. I am glad to no longer be the lone woman on the court, and look forward to a new colleague well-equipped to handle the challenges our work presents." Her remarks were made at a semi-private conference in upstate New York. The justice has made no secret of her desire to see greater gender diversity on her court. She has lamented the departure of her friend and colleague Sandra Day O'Connor in 2006. She told USA Today just weeks before Justice David Souter announced his retirement that more women should join her. "Women belong in all places where decision are being made," she said. "I don't say (the split) should be 50-50. It could be 60 percent men, 40 percent women, or the other way around. It shouldn't be that women are the exception." Filed under: Ruth Bader Ginsburg Sonia Sotomayor Supreme Court Posted: 05:17 PM ET
From CNN Supreme Court Producer Bill Mears
Supreme Court nominee Judge Sonia Sotomayor, pictured here with Sen. Russ Feingold, is defending her membership in an all-women's club.
WASHINGTON (CNN) — An all-women's club that counts Supreme Court nominee Sonia Sotomayor among its members does not "invidiously discriminate on the basis of sex," she told senators. The remarks came in a letter — along with a supplemental filing of documents and speeches — Sotomayor gave to the Senate Judiciary Committee this week. The confirmation hearings begin July 13. Sotomayor has been reviewing her record with the help of White House lawyers. She was also meeting with six senators Tuesday, courtesy visits with the lawmakers who will decide whether she will become the nation's 111th justice. The New York federal appeals judge has provided thousands of pages of material to the committee, but some Republican senators had asked for more information, including her participation in the Belizean Grove. The New York-based professional women's organization describes itself as helping "women pursue more significant dreams, ambitions, purposes, transcendence, and spiritual fulfillment." About 115 women are in the group, according to its Web site. "The Belizean Grove is a constellation of influential women who are key decision makers in the profit, nonprofit and social sectors," a statement on its Web site said. "Who build long term mutually beneficial relationships in order to both take charge of their own destinies and help others to do the same." Its leaders said it was created as a counterpart to the all-male social club the Bohemian Grove, which also has an influential network of leaders. Sotomayor told senators her group is not purposely exclusive. Filed under: Sonia Sotomayor Supreme Court June 11, 2009
Posted: 02:13 PM ET
From CNN Supreme Court Producer Bill Mears WASHINGTON (CNN) – Supreme Court nominee Judge Sonia Sotomayor admitted years ago she was a "product of affirmative action" when she was admitted to prestigious universities, but defended the contributions she offered as a Hispanic woman to classroom and workplace diversity. The statements were part of newly-released videos of speeches and panels dating from the mid 1980s that the 54-year-old federal judge provided to the Senate Judiciary Committee, which will hold confirmation hearings to the high court beginning July 13. The remarks offer often candid insights into the New York native's views on the law, growing up poor in a Bronx housing project, juggling a career and a social life, and her 1980s divorce. Filed under: Sonia Sotomayor Supreme Court May 29, 2009
Posted: 12:50 PM ET
From CNN Supreme Court Producer Bill Mears WASHINGTON (CNN) — The Obama administration is turning to the Supreme Court as it seeks to block public release of photos apparently depicting abuse of suspected terrorists and foreign soldiers in U.S. custody. Justice Department lawyers late Thursday told a federal appeals court in New York — the same one on which high court nominee Sonia Sotomayor sits — to hold off a ruling ordering release of the material, saying they plan to ask the justices to hear their case. The government said it would proceed "absent intervening legislation" from Congress. The "motion to recall" comes after President Barack Obama ordered government lawyers earlier this month to object to the court-ordered release of photos depicting the mistreatment of prisoners held in Iraq and Afghanistan, reversing an earlier White House decision. The Pentagon had been set to release hundreds of photos in response to a Freedom of Information Act request filed by the American Civil Liberties Union. The ACLU — which had filed the initial lawsuit for disclosure — has criticized the administration's about-face, saying it "makes a mockery" of Obama's campaign promise of greater transparency and accountability, and damages efforts to hold accountable those responsible for abusing prisoners. Filed under: Obama administration Supreme Court May 26, 2009
Posted: 11:58 AM ET
From CNN Political Research Director Robert Yoon, CNN Supreme Court Producer Bill Mears WASHINGTON (CNN) — Supreme Court nominee Sonia Sotomayor said in a 2001 speech that a judge's gender and ethnicity does, and should, influence his or her decision-making on the bench. Sotomayor made the comments on October 26, 2001, at a University of California-Berkeley symposium marking the 40th anniversary of the first Latino named to the federal district court. "I wonder whether by ignoring our differences as women or men of color we do a disservice both to the law and society," she said at the event, sponsored by the law school. "I further accept that our experiences as women and people of color affect our decisions. The aspiration to impartiality is just that — it's an aspiration because it denies the fact that we are by our experiences making different choices than others." "Our gender and national origins may and will make a difference in our judging. Justice [Sandra Day] O'Connor has often been cited as saying that a wise old man and wise old woman will reach the same conclusion in deciding cases. I am also not so sure that I agree with the statement," she added. "First, as Professor [Martha] Minnow has noted, there can never be a universal definition of wise. Second, I would hope that a wise Latina woman with the richness of her experience would more often than not reach a better conclusion than a white male who hasn't lived that life." A university media affairs representative confirmed the comments to CNN. President Obama announced Tuesday his intention to nominate Sotomayor to the high court. She would become the first Hispanic and third female justice in Supreme Court history. Filed under: Sonia Sotomayor Supreme Court May 25, 2009
Posted: 02:02 PM ET
From CNN Supreme Court Producer Bill Mears WASHINGTON (CNN) — Hispanic groups want history to be made with a Latino or Latina justice when President Obama makes his selection to fill the upcoming Supreme Court vacancy. Women's rights groups hope Justice Ruth Bader Ginsburg does not remain the only female on the high court bench. Some progressives, including some civil rights groups, privately would like to see the first African-American president choose a nominee of color. Other constituencies — Asian-Americans, gay and lesbian groups, religious leaders and the legal academic community — also have their "wish lists." The call from many on the left for diversity on the high court has energized much of the early speculation over whom the president will pick. Legal and political experts, including liberal groups themselves, say a female nominee is a pretty good bet. Filed under: Supreme Court May 22, 2009
Posted: 01:18 PM ET
From CNN Supreme Court Producer Bill Mears
Supreme Court confirmations entail a rare convergence of the highest levels of all three branches of government.
WASHINGTON (CNN) — A vacancy on the U.S. Supreme Court triggers a rare convergence of the highest levels of the executive, legislative, and judicial branches. The President nominates a candidate, the Senate holds confirmation hearings and ultimately votes, and then the Chief Justice traditionally swears in the newest member of the nine-person panel. Constitutional requirements, long-standing tradition, as well as a heavy mix of partisan politics, speculation, and public theater mark the process. Filed under: Supreme Court May 21, 2009
Posted: 03:31 PM ET
From CNN Supreme Court Producer Bill Mears
A number of potential high court nominees are being vetted by the White House to replace David Souter.
WASHINGTON (CNN) – The White House is quietly expanding its list of Hispanic candidates for the upcoming Supreme Court vacancy, sources close to the selection process tell CNN. Colorado-based federal District Judge Christine Arguello is among those being vetted by a small senior-level group of White House officials. She told a Colorado newspaper this week she was recently contacted by administration staff and agreed to have her personal and professional records examined in connection with the high court seat being vacated by Justice David Souter. It was unclear how much serious consideration the 53-year-old former law professor and private attorney is being given, but administration officials say they are considering a diverse group of people for the seat, including judges, politicians and academics. About a half dozen candidates are believed to be on the short list, sources say, and President Barack Obama this week has already met privately with at least one of them — Chicago-based federal Appeals Court Judge Diane Wood. Filed under: President Obama Supreme Court May 20, 2009
Posted: 03:36 PM ET
From CNN Supreme Court Producer Bill Mears
President Obama met today with a potential Supreme Court nominee.
WASHINGTON (CNN) – A federal appeals court judge from Chicago has met privately with the president to discuss the upcoming Supreme Court vacancy, a source close to the selection process tells CNN. Diane Wood, who sits on the 7th U.S. Circuit Court of Appeals, was in town Wednesday to attend an annual conference on judicial independence at Georgetown Law Center. When questioned by a reporter, she refused to discuss whether she was to sit down with the president. "I'm not answering anything on that," she told CNN. The 58-year-old judge is not on the official program of speakers at the conference, sponsored by retired Justice Sandra Day O'Connor, but she was in the audience for a morning session. Filed under: Diane Wood President Obama Supreme Court Posted: 12:19 PM ET
From CNN Supreme Court Producer Bill Mears
A federal judge has ruled that the U.S. may some detainees indefinitely.
WASHINGTON (CNN) – The president retains the power to hold indefinitely and without charges some accused terrorists at the Guantanamo Bay, Cuba, military detention camp, a federal judge has ruled. The decision by District Judge John Bates said those prisoners the United States deems responsible for the 9/11 attacks, or those who are or were al Qaeda or Taliban members can be detained. But he limited the Obama administration's power to imprison those who it says "support" terror or enemy forces. The decision comes as the White House and Congress face a showdown over what to do with hundreds of Guantanamo prisoners when the facility at the U.S. naval base in Cuba is closed, a move Obama has promised will occur before February. Many lawmakers opposed housing the prisoners in the United States. Filed under: Guantanamo Bay President Obama May 19, 2009
Posted: 12:02 PM ET
From CNN Supreme Court Producer Bill Mears
A federal appeals court ruled that the Office of Administration does not need to make it's records public.
WASHINGTON (CNN) — A unit of the White House that was accused of misplacing perhaps millions of office e-mail's does not have to make its records public, a federal appeals court ruled Tuesday. The decision was a victory for the Bush administration, which sought to shield its internal communications. The three-judge panel here concluded the Office of Administration is not subject to the Freedom of Information Act (FOIA) over disclosure of its documents because "it performs only operational and administrative tasks in support of the President and his staff and therefore, under our precedent, lacks substantial and independent authority." The latest opinion stems from a ongoing lawsuit by private groups over allegedly missing electronic messages, and allegations the White House failed to properly monitor its internal communications among staff. The issue has been a thorny legal and political one for former Bush officials, who in the administration's final days in January were transferring more than 300 million e-mail messages and 25,000 boxes of documents to the National Archives. Those officials acknowledged in court papers they had discovered about 14-million emails that were previously unaccounted for, and hundreds of thousands more that were later recovered on backup tapes. Filed under: Bush administration White House May 18, 2009
Posted: 04:31 PM ET
From CNN Supreme Court Producer Bill Mears, CNN’s Kate Bolduan
Hispanic groups are courting President Obama to name the first Hispanic judge to the Supreme Court.
WASHINGTON (CNN) — When it comes to its membership, the history of the Supreme Court's 220 years falls short of many historic firsts: All but two of the 110 justices over the centuries have been men; all but two have been white. Now, many in the Hispanic community say it is long past due one of their own should sit on the most prestigious bench. They may soon get the chance. President Barack Obama is just days, perhaps, from naming his choice to fill the seat being vacated by retiring Justice David Souter, and sources close to the selection process say he is seriously considering several Hispanic candidates. "Latinos are running out of patience" said Ruben Navarrette, a syndicated columnist and CNN.com contributor. " For 20 years I've been hearing the drumbeat from Latinos … waiting for a Latino on the Supreme Court." The Hispanic vote was key to Obama's November victory, and now that part of his diverse coalition sees a golden opportunity. "We're getting calls and e-mails from people all over the country," said Estuardo Rodriguez, co-founder of Hispanics for a Fair Judiciary Coalition. "That sentiment goes all the way from the extreme that it has to be — has to be — a Latino or Latina justice, to those that say yes, we want a Latino or Latina justice, but if it doesn't happen, perhaps next time. So it runs the gamut. "But I think for the most part it is people on that other extreme who are really excited and really do feel that this is the time to do it." Filed under: Supreme Court |
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