Posted on 05/27/2009 8:11:50 AM PDT by dervish
Three of the five majority opinions written by Judge Sotomayor for the 2nd Circuit Court of Appeals and reviewed by the Supreme Court were reversed, providing a potent line of attack raised by opponents Tuesday after President Obama announced he will nominate the 54-year-old Hispanic woman to the high court.
"Her high reversal rate alone should be enough for us to pause and take a good look at her record. Frankly, it is the Senates duty to do so," said Wendy Wright, president of Concerned Women for America.
(Excerpt) Read more at washingtontimes.com ...
Pretty good for a non-originalist. Likely better than a former ACLU lawyer.
I heard it was more like 80%.
Cases Reviewed by the Supreme Court
• Ricci v. DeStefano 530 F.3d 87 (2008) — decision pending as of 5/26/2009
• Riverkeeper, Inc. vs. EPA, 475 F.3d 83 (2007) — reversed 6-3 (Dissenting: Stevens, Souter, Ginsburg)
• Knight vs. Commissioner, 467 F.3d 149 (2006) — upheld, but reasoning was unanimously faulted
• Dabit vs. Merrill Lynch, 395 F.3d 25 (2005) — reversed 8-0
• Empire Healthchoice Assurance, Inc. vs. McVeigh, 396 F.3d 136 (2005) — reversed 5-4 (Dissenting: Breyer, Kennedy, Souter, Alito)
• Malesko v. Correctional Services Corp., 299 F.3d 374 (2000) — reversed 5-4 (Dissenting: Stevens, Souter, Ginsburg, Breyer)
• Tasini vs. New York Times, et al, 972 F. Supp. 804 (1997) — reversed 7-2 (Dissenting: Stevens, Breyer)
Obama’s SCOTUS candidate nominee does NOT UNDERSTAND THE CONSTITUTION !
Next !
The list in post #4 shows 71% (5 of 7).
Legally wrong, yes...but her HEART was in the “right place!” And that’s all that matters, right? After all, that’s why Hussein picked her! A dedicated, mindless, America hating, Constitution ignoring, radical leftist! You know, like Hussein himself!
She is a reflection of the Ninth Circuit Court — overturned to a high degree based on the Constitution.
She, like her nominator, are very anti-Constitution. But she fits the “agenda mold”, pandering to every corner of the far-left voting base.
send this to Drudge!
I heard it was 4 out out 5 rejected.
I get 83% reversal from your case list. There's likely quite a number of cases where the decision was not appealed (correct or not. One only receives the Justice one chooses to afford).
And one more Pending....makes it unbearable, unacceptable.
Thanks BHO for bringing this problem of Judges ignoring the Constitution to the “front row” .
Should we infer from this that she doesn't have the character to recuse herself?
Now let's look at how often the Supreme Court decides that the 9th got it wrong. Last term, the Supreme Court's reversal rate for 9th Circuit cases was 90.5 percent. Yikes—that's huge! But wait, for on-the-merits cases, the Supremes reversed the 3rd and 5th Circuits almost all of the time* last term. Cases from state appellate courts fared no better: They also had a 100 percent reversal rate. Overall, this past term the Supreme Court reversed 75.3 percent of the cases they considered on their merits. The pattern holds true for the 2004 and 2005 terms as well, when the Supremes had overall reversal rates of 76.8 percent and 75.6 percent, respectively. For those years, the 9th was reversed 84 percent and 88.9 percent of the time, or about a case or two more each year than it would have been if it had conformed to the reversal rate of the other circuits. How do one or two cases a year add up to a court run amuck?
We should be happy that she's been overturned so much, and this certainly shows she's no scholar. Merit is not the issue for Obama. Identity politics and some weird and nebulous notion of "empathy" is Obama's proclaimed guiding principle.
A 60% turnover for Sodomizer is uncalled for and probably unprecidented in Supreme Ct. nominees. Republicans on the committee had better question every case she had reversed.
How about this forsight?
“On Sept. 30, the day of her confirmation hearing, Rush Limbaugh, the conservative radio talk show host, warned the Senate that Judge Sotomayor was an ultraliberal who was on a ‘’rocket ship’’ to the Supreme Court. That day, Judge Sotomayor was questioned closely by Republicans.
In the end, the only Republicans to vote against her were Senator John Kyl of Arizona and Senator John Ashcroft of Missouri. The committee’s other conservative members, including Orrin G. Hatch of Utah and Strom Thurmond of South Carolina, voted in her favor. Mr. Kyl and Mr. Ashcroft declined to comment today.
The confirmation delay comes as Ralph K. Winter, chief judge of the Second Circuit, has complained that unfilled vacancies on the court have created its worst backlog in history. In his annual report, Judge Winter, a conservative Republican, lamented that he had to declare judicial emergencies several times to allow retired judges and trial judges to sit on appeals panels.”
bump
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