August 2009 Archives

In O'Connor's World, Less Testosterone on the Court

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Since leaving the Supreme Court in 2006, Justice Sandra Day O'Connor has devoted herself to increasing public understanding of the judiciary in general and the Supreme Court in particular.

To that end, she has launched a Web site that includes two interactive games. In one of them, "Supreme Decision," the player is a clerk to the fictional Justice Irene Waters, helping her decide her position on a First Amendment case.

The animated game includes a mock oral argument before a Supreme Court that appears to be composed of five women and four men.

That's nearly twice as many female justices as there have been in the court's entire history. O'Connor was the first, in 1981. Ruth Bader Ginsburg joined the court in 1993. Justice Sonia Sotomayor just recently become the third.

Senate Minority Leader Mitch McConnell has filed a friend-of-the-court brief urging the Supreme Court to overturn two of its decisions on campaign finance law.

The Kentucky Republican filed his brief in a pending -- and closely watched -- case, Citizens United v. Federal Election Commission.

The case originated as a challenge to federal restrictions on the video-on-demand distribution, during the 2008 presidential primary season, of a 90-minute documentary that was very critical of Hillary Rodham Clinton. The court on June 29 took the unusal step of ordering a rehearing of the case in September, specifically on two questions.

Supreme Court Asked To Weigh Gun Liability Law

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The parents of a 13-year-old boy accidentally shot and killed by a friend have asked the Supreme Court to review the constitutionality of a 2005 gun liability law.

Congress passed the law in 2005 to limit the legal liability of firearms makers and dealers. The Illinois Supreme Court ruled that the law barred the boy's parents from suing the gun manufacturer, Beretta U.S.A. Corp., for not equipping the gun not to fire when its magazine was removed.

The petitioners, represented by the Center for Constitutional Litigation and the Brady Center to Prevent Gun Violence, are arguing that the Illinois court construed the federal law too narrowly, as well as the Tenth Amendment's reservation of powers to the states or the people.

 

 

Rove Questioner Is House's Chief Prosecutor

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Rep. Adam B. Schiff is getting plenty of use lately out of the skills he picked up during six years as a federal prosecutor.

The California Democrat led the House Judiciary Committee's questioning of two top Bush administration officials regarding the firing of nine U.S. attorneys. On Tuesday, the Judiciary Committee released the transcripts of those interviews conducted earlier this summer with Karl Rove, the former White House political director, and Harriet Miers, former White House Counsel.

Schiff is also leading the House Judiciary task force charged with investigating federal judges facing possible impeachment. In that role, Schiff read aloud four articles of impeachment against former U.S. District Judge Samuel B. Kent on the Senate floor during a live quorum call in June.

Martinez Didn't Mention Sotomayor

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Florida Republican Sen. Mel Martinez did not mention Republican criticism of confirmed Supreme Court nominee Sonia Sotomayor during a brief press conference in Orlando.

"There's no impending reason, it's only my desire to move on and to get on with the rest of my life," Martinez said, referring to his surprise announcement Friday that he will resign his Senate seat probably before the end of August.

Did Sotomayor Attacks Speed Martinez' Exit?

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Florida Republican Sen. Mel Martinez surprised the Senate Friday, announcing he is going to resign his seat in the coming weeks.

Martinez had announced last December he would not run for re-election in next year's midterm elections, but he was expected to serve out the rest of his term. He is expected to step down before the end of August.

His decision comes on the heels of weeks of criticisms by many Senate Republicans at Sonia Sotomayor, the first Hispanic Supreme Court nominee. In a floor speech on Wednesday, Martinez -- one of just nine Republicans to vote for Sotomayor -- lashed out at the GOP attacks, particularly an accusation that had been leveled by Alabama Republican Jeff Sessions.

Obama Tees Up More Judicial Nominations

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President Obama has announced a fresh batch of judicial nominations to the Senate, just one day after the Senate confirmed Sonia Sotomayor to the Supreme Court.

The White House announced that Obama has tapped Jane Stranch, a Nashville lawyer, for a seat on the 6th Circuit. And a Pennsylvania federal judge, Thomas Vanaskie, is Obama's choice for a 3rd Circuit seat.

Obama also has selected federal magistrate judges Edward Milton Chen and Richard Seeborg for seats on the Northern California district court, and Los Angeles lawyer Dolly Gee for a Central California district court seat.

GOP Senator Says Sotomayor's Speeches "Racist"

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Sen, James Inhofe, R-Okla., used the word "racist" to describe Sonia Sotomayor's speeches in which she suggested a wise woman or wise Latina might make a better decision than a white male judge.

"To me, I consider that racist," Inhofe said tonight during Senate floor debate on Sotomayor's nomination.

Senate Republicans have shied away from that term when critiquing Sotomayor's speeches. She testified at her Senate Judiciary confirmation hearing last month that she believed she had chosen her words poorly during a series of speeches intended to inspire student audiences.

McCain Is a No on Sotomayor

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The GOP's 2008 presidential nominee, John McCain, announced Monday that he will vote against Sonia Sotomayor's nomination to the Supreme Court.

McCain, who wanted to be the one doing the nominating, said he could not support "activist judges" in outlining his opposition in a Senate floor speech.

"I cannot support activist judges that seek to legislate from the bench," McCain said. "I have not supported such nominees in the past, and I cannot support such a nominee to the highest court in the land."