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Celina
Sotomayor, mother of the Supreme Court nominee, wipes her eye during the
president's announcement Tuesday. |
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THE SOTOMAYOR FILE
Age:
54; born June 25, 1954, in
New York City.
Experience:
Judge, U.S. Court of Appeals for the
2nd Circuit, 1998-present; judge, U.S. District Court for the Southern District
of New York, 1992-98; private law practice, New York City, 1984-92; assistant
district attorney, New York County, 1979-84. As a judge, she has a bipartisan
history. She initially was appointed to the federal bench by a Republican
president,
George H.W. Bush. She was named an appeals judge by Democrat Bill Clinton.
Education:
Bachelor's degree,
Princeton
University, 1976; law degree, Yale Law School,
1979.
Family:
Divorced; no kids.
Health:
Diagnosed at age 8 with Type 1
diabetes.
Quote:
From a
1997 nomination hearing: "I don't believe we should bend the Constitution under
any circumstance. It says what it says. We should do honor to it." |
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NOTABLE CASES FROM 2ND CIRCUIT APPEALS COURT The following are among
Judge Sonia Sotomayor's
noteworthy votes and opinions while on the New York-based U.S. Court of Appeals
for the 2nd Circuit:
• Ricci v. DeStefano, 2008 Joined an opinion
rejecting a challenge by white firefighters in
New Haven, Conn., to the city's decision to discard the results of a
promotion test after blacks and Hispanics scored disproportionately lower than
whites. City officials said they feared they would be vulnerable to claims of
bias from the minorities, and they also contended the test was flawed in
determining the best candidates for promotion. Supreme Court is considering an
appeal from white firefighters, and in oral arguments last month justices
appeared skeptical of the city's actions. A ruling is likely by summer before
Sotomayor would join the court.
• Center for Reproductive Law and Policy v. Bush, 2002
Wrote a decision
spurning a challenge to Bush administration policy barring federal funding for
foreign non-governmental organizations that perform abortions. Sotomayor said
for the majority, "The government is free to favor the anti-abortion position
over the pro-choice position, and can do so with public funds."
• Pappas v. Guiliani, 2002
Joined an
opinion rejecting a First Amendment free-speech claim and allowing the
New York Police Department to fire an officer who anonymously distributed
anti-black and anti-Semitic fliers in response to a request from a police
auxiliary group for charitable contributions.
• Correctional Services Corp. v. Malesko, 2000
Authored a
decision allowing a prisoner who suffered a heart attack and other injuries
while in a halfway house to bring a constitutional claim against a private
corporation that ran the house on behalf of the U.S. Bureau of Prisons. The
Supreme Court reversed the decision by a 5-4 vote in 2001.
• Riverkeeper v. EPA, 2007
Wrote the
court's opinion barring the Environmental Protection Agency from engaging in a
cost-benefit analysis as it determined whether to require power plants to modify
their cooling-water intake structures, which can trap and kill fish and other
aquatic life. The Supreme Court reversed the decision by a 6-3 vote this term.
• Maloney v. Cuomo, 2009
Joined an
unsigned opinion that rejected a challenge to a New York law prohibiting
possession of certain weapons used in martial arts; the court found that the
Second Amendment right to bear arms does not apply to the states. The opinion
noted the Supreme Court has never ruled the Second Amendment can be applied to
the states. |
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An
Inspiring Hispanic who will make a
Great Justice
WASHINGTON (By Joan Biskupic and
Martha T. Moore, USA Today )
May 27, 2009
— As Supreme Court nominee
Sonia Sotomayor stood next to
President Obama on Tuesday, she
admitted to being a bit nervous and
"deeply moved."
And then the Puerto Rican child of the
housing projects in the Bronx, N.Y.,
made it clear who she believed was
mostly responsible for her being in
position to become the first Hispanic on
the Supreme Court: her mother.
"I have often said I am all I am because
of her, and I am only half the woman she
is," Sotomayor said of Celina Sotomayor,
who worked as a nurse six days a week to
support her family.
Obama's selection of Sonia Sotomayor,
54, drew an emotional wave of praise
from Hispanic groups. Sotomayor's story
— a minority rising from humble
beginnings to, potentially, the top
rungs of American government — rivals
that of Obama himself, and suggests a
steeliness that could be helpful in a
Senate confirmation process that can be
intimidating.
In nominating Sotomayor, Obama talked as
much about her success story — from New
York's projects to Princeton, Yale Law
School and appointments to federal
judgeships — as he did about Sotomayor's
views on the law.
"She's faced down barriers, overcome the
odds, lived out the American dream that
brought her parents here so long ago,"
Obama said, noting Sotomayor's father
was a factory worker with a third-grade
education who didn't speak English. He
died when she was 9.
If approved by the Senate, Sotomayor
would be the third woman ever to join
the high court and the second on the
current bench, joining Ruth Bader
Ginsburg. In announcing his choice as a
successor to retiring Justice David
Souter and the first high-court
nomination of his tenure, Obama called
Sotomayor an "inspiring woman who I
believe will make a great justice."
As a successor to the liberal Souter on
the divided, nine-member court,
Sotomayor is not likely to tip the
ideological balance of the bench. Yet
she would bring diversity to the court —
whose members include eight whites and
one African American (conservative
Clarence Thomas) — not only in her
ethnicity, but in how she arrived at the
high court.
Sotomayor won a scholarship to
Princeton, then attended Yale Law
School. She became a prosecutor in New
York, then a corporate litigator, before
being seated to a federal trial court by
the first President Bush. Six years
later, President Clinton elevated her to
a New York-based appeals court.
On Tuesday, Sotomayor presented herself
much in the vein of the president, as
someone who beat the odds of economics,
race and ethnicity in childhood.
"My heart today is bursting with
gratitude," she said.
Lisa Zornberg, a former law clerk to
Sotomayor, said "the way she presented
herself is entirely true to how she is
as a person. She is 100% authentic. She
is a dynamo. She is incredibly charming
and very much about real-world
pragmatism."
Democrats, including Senate Judiciary
Chairman Patrick Leahy, D-Vt., praised
her "exemplary record" and said he would
work closely with Republicans to win
confirmation.
Republican senators, including Minority
Leader Mitch McConnell of Kentucky, said
they would need time to review
Sotomayor's 17-year record as a judge.
"We will thoroughly examine her record
to ensure she understands the role of a
jurist in our democracy is to apply the
law evenhandedly, despite their own
feelings or personal or political
preferences," McConnell said.
Conservative interest groups, including
the American Center for Law and Justice
(ACLJ), called her an "activist" judge.
Among her more controversial votes as a
judge was one endorsing a Connecticut
city's decision to discard the results
of a firefighter promotion test because
blacks and Hispanics scored
disproportionately lower than whites.
The case is now before the Supreme
Court.
Sotomayor was typically direct Tuesday
in signaling she would not be shy about
countering such criticism. She said she
decides cases based on the law, without
an agenda in mind.
"I firmly believe in the rule of law,"
she said.
The president said of four finalists he
interviewed for the appointment, he knew
the least about Sotomayor and had never
met with her before Thursday, when she
spent seven hours at the White House,
including one with the president.
The news of Sotomayor's nomination was
announced over the public address system
at her old school, Cardinal Spellman
High School in the Bronx.
And it echoed around the brick buildings
of the Bronxdale Houses, the public
housing complex where Sotomayor grew up.
"It's really an inspiration for me,"
says Ivellisse Velasquez, 18, who has
always lived in Bronxdale Houses. "I can
really be whatever I want to be. She
made it out of the projects and hardly
anyone makes it out."
Sotomayor's parents came to New York
from Puerto Rico during World War II.
After her husband died, Sotomayor's
mother worked two jobs, including one as
a nurse at a methadone clinic, to
support Sonia and her brother, Juan, who
is now a doctor.
At age 8, Sotomayor was diagnosed with
Type 1 diabetes, for which she continues
to take insulin daily. She has said she
initially wanted to become the next
Nancy Drew (a fictional detective), but
turned to another role model: the judge
on the TV courtroom drama Perry Mason.
Her mother bought a set of encyclopedias
on an installment plan. The
encyclopedias helped Sotomayor get first
to Cardinal Spellman, where she
participated in student government and
on the debate team, and then, after her
graduation in 1972, to Princeton.
There, she was not only one of a few
Hispanic students but also in one of the
first classes of women to enter the Ivy
League school. She felt so out of her
element, she has said in interviews,
that she didn't raise her hand once in
class during her freshman year.
By the time she graduated in 1976, she
had received the school's highest prize
for scholarship, character and
leadership. In 2001, the university
awarded her an honorary doctorate, and
in 2007 she became a trustee.
"She was a big name on campus, she won
the Pyne Prize, which is sort of like
the MVP of the student body," says
Randall Kennedy, a Harvard Law School
professor who was a year behind
Sotomayor at Princeton. "She really
distinguished herself ... and was headed
for big things."
Not since the 1991 nomination of
Clarence Thomas, who was born in poverty
near Savannah, Ga., and reared by
grandparents, has a Supreme Court
nominee overcome such personal odds.
If confirmed, Sotomayor likely would be
the least wealthy justice, judges'
financial disclosures show. While most
Supreme Court justices are millionaires,
the only assets Sotomayor reported on
her 2007 disclosure form were a savings
account containing $50,000 to $100,000
and a checking account with less than
$15,000. She earned $179,500 in 2008 as
a judge on the 2nd U.S. Circuit Court of
Appeals in New York. As a justice, she
would make $208,100.
A 'radical' choice?
The appeals court decision allowing the
city of New Haven to toss the results of
a firefighter promotion test provided
material for Sotomayor's critics.
The city threw out the test results
because blacks and Hispanics scored
disproportionately lower than whites.
The Supreme Court is weighing whether
the "reverse discrimination" move
violated the rights of white
firefighters who say they were denied
promotions.
The tone of oral arguments last month
suggested the justices were ready to
reverse the appeals court.
Noting that Sotomayor had voted to throw
out the firefighters' test, Roger Pilon,
vice president of legal affairs of the
libertarian Cato Institute, said Obama
had chosen "the most radical of all the
frequently mentioned candidates before
him."
Yet, much of Sotomayor's work as a trial
judge and then appellate jurist has
involved routine business and other
civil matters, rather than incendiary
social topics such as abortion and the
death penalty.
As a trial judge, she also issued an
order that helped end the Major
LeagueBaseball strike of 1994-95.
"Some say Judge Sotomayor saved
baseball," Obama said Tuesday.
She was an assistant district attorney
in New York 1979-84, then worked at the
law firm of Pavia and Harcourt
1984-1992.
Manhattan district attorney Robert
Morgenthau described Sotomayor as
someone who would decide cases "down the
middle."
"She's highly intelligent, a very hard
worker and she'll do what she thinks is
right based on the law and not on any
ideology," Morgenthau said.
Sotomayor's remarks at a 2005 legal
conference at Duke University's law
school are likely to draw scrutiny
during the confirmation process,
especially among conservatives who
question whether she would interpret the
Constitution strictly or try to change
policies through rulings.
"The court of appeals is where policy is
made," Sotomayor said during the
conference.
She then quickly added, "I know this is
on tape and I should never say that,
because we don't make law, I know. Um,
OK. I know. I'm not promoting it, I'm
not advocating it."
White House spokesman Robert Gibbs said
Sotomayor's career proves "this is not
somebody you could reasonably argue
advocates for or is engaged in
legislating from the bench."
In 2002, Sotomayor wrote the 2nd
Circuit's opinion rejecting a challenge
to Bush administration policy barring
federal funding for foreign
non-governmental organizations that
perform abortions, the so-called "Mexico
City Policy."
"The Supreme Court has made clear the
government is free to favor the
anti-abortion position over the
pro-choice position, and can do so with
public funds," she wrote in the decision
against abortion-rights groups.
Yet she has authored opinions that could
be deemed liberal and that have been
reversed by the conservative majority at
the Supreme Court.
Among those was her 2000 opinion
allowing a prisoner who suffered a heart
attack while in a halfway house to bring
a constitutional claim against a private
corporation that ran the house on behalf
of the Bureau of Prisons.
Thomas Goldstein, a Washington appellate
lawyer who has worked closely with
Democrats yet independently reviewed her
opinions, said, "Our surveys of her
opinions put her in essentially the same
ideological position as Justice Souter."
Jay Sekulow, chief counsel for the
conservative ACLJ, however, said
Sotomayor represents "an aggressive
decision the president has made that's
going to trigger a national debate on
the issue of judicial activism and the
role of the judiciary."
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