Critics Seize on Supreme Court Decision to Assail Sotomayor’s Judgment

CQ TODAY ONLINE NEWS – LEGAL AFFAIRS
Updated June 29, 2009 – 12:47 p.m.
By Seth Stern, CQ Staff

Critics of Supreme Court nominee Sonia Sotomayor seized on Monday’s high court ruling overturning a decision she had joined in a high-profile reverse discrimination case, presaging questions likely to arise at her Senate confirmation hearing next month.

In a 5-4 decision by Justice Anthony M. Kennedy , the court ruled that the city of New Haven violated the rights of the 19 white firefighters by throwing out the results of an officers’ promotion exam in which minority candidates received disproportionately low scores.

Retiring Justice David H. Souter , whom Sotomayor would replace, joined the three other members of the court’s liberal wing in dissent. The ruling was announced on the last day of decisions for the term and Souter’s tenure as justice.

The decision in the case, Ricci v. DeStefano, was quickly cited by conservatives as new evidence that Sotomayor is a judicial activist who decides cases based on her own personal preferences. Sotomayor is certain to face questions about her reasoning at her Senate Judiciary Committee confirmation hearing, scheduled to begin on July 13.

“This case sharpens our focus on Judge Sotomayor’s troubling speeches and writings, which indicate the opposite belief: that personal experiences and political views should influence a judge’s decision,” Jeff Sessions of Alabama, the ranking Republican of the Senate Judiciary Committee, said in a statement. “That theory is a breathtaking departure from the proper role of the American judge and will clearly be the subject of questioning at the upcoming hearing.”

Judiciary Chairman Patrick J. Leahy , D-Vt., said in a statement that “it would be wrong to use today’s decision to criticize Judge Sonia Sotomayor, who sat on the panel of the Second Circuit that heard this case but did not write its unanimous opinion.”

Continue - Link

Franken-Coleman Election In Minnesota Court’s Hands Now

CQ TODAY ONLINE NEWS – LEGAL AFFAIRS
June 1, 2009 – 12:27 p.m.
By Emily Cadei, CQ Staff

Lawyers for Republican Norm Coleman and Democrat Al Franken made their cases before the Minnesota Supreme Court Monday morning in a pivotal phase of the legal battle over their tightly contested 2008 Senate race.

Coleman’s attorney, Joe Friedberg, reiterated the arguments made in the Republican’s appeal brief filed to the state Supreme Court last month. Coleman is challenging a trial court decision that named Franken the winner by 312 votes out of 2.9 million cast.

Friedberg claimed thousands of Minnesota absentee voters have been disenfranchised due to inconsistent standards the counties used for counting absentee ballots. That was exacerbated, he said, by court rulings made in a seven-week trial court case examining the election’s outcome, which stipulated still other standards. To remedy that problem, the Coleman team recommended counting thousands more absentee ballots that substantially complied with voting laws.

Franken’s legal team has held that Coleman’s challenges are without merit. On Monday, attorney Marc Elias argued that the irregularities in the ballot count do not amount to constitutional violations and that the Coleman campaign has not provided ample proof for any of its claims. “There are stories behind these ballots; there are reasons they were rejected,” he said.

The Supreme Court justices also raised questions about the Coleman team’s lack of evidence, asking why Friedberg was not presenting witness names or testimonies to underscore his arguments alongside the pictures of sample absentee ballots that were and were not counted.

The five Supreme Court justices — two recused themselves in the case after sitting on the canvassing board that oversaw the recount — will now begin deliberations. A ruling could come in days or weeks.

Franken declared victory after the trial court ruled in April. That reinforced the results of a hand recount that gave Franken a 225-vote lead.

Coleman, who was in court on Monday, has not ruled out appealing his case to the federal level, should the state Supreme Court reject his appeal. In a press conference following Monday’s hearing, he declined to comment one way or another on his future plans.

“Let’s see what the court does and what the opinion is,” he said. “My firm and fervent hope is to enfranchise 4,000 more Minnesotans, people who thought they had cast their votes but haven’t been counted . . . in a race that is so very, very close, the results will be impacted by those votes.”

But should Coleman decide to continue his legal challenges, he will meet intense pressure to drop out. Recent polls show that a majority of voting-age Minnesotans believe Coleman should concede the race.

Also sure to face pressure if Coleman files another appeal is Minnesota Gov. Tim Pawlenty . Pawlenty, a Republican, is responsible for issuing an election certificate to the winner of the race, but has not said when he would do so. Such a certification is critical for either man to join the Senate, particularly since Democrats took a hard line on the lack of certification to delay the seating of Sen. Roland W. Burris , D-Ill., in January.

In his reply brief filed last month, Franken requested that the court reject Coleman’s appeal and direct Pawlenty to certify him the winner.

Emma Dumain contributed to this story.

At National Constitution Center in Philadelphia

This is a good choice for Independence Day commemorations.

Feel the Freedom Festival
July 3 - July 6
11:00 a.m. - 5:00 p.m.

FREE with museum admission

Bring the kids and celebrate July 4th weekend with a variety of fun family activities.

Freedom Activity Trail
Kids ages 12 and under can participate in the Center’s Freedom Activity Trail, which includes different stations throughout the Center’s exhibit spaces and main lobby. Complete different tasks, crafts, and activities on a Freedom Activity Trail Card and redeem the card for a prize!