Thursday, May 28, 2009

WHERE'S THE JUSTICE?

President BO said, "...(Sotomayor) would bring more experience on the bench than anyone currently serving on the Supreme Court when appointed."

Well, let's look at that.

Name: John G. Roberts, Jr.,

Education: A.B. from Harvard College in 1976 and a J.D. from Harvard Law School in 1979

Service: (1979 - 2009) He served as a law clerk for Judge Henry J.Friendly of the United States Court of Appeals for the Second Circuit from 1979–1980 and as a law clerk for then-Associate Justice William H. Rehnquist of the Supreme Court of the United States during the 1980 Term. He was Special Assistant to the Attorney General, U.S. Department of Justice from 1981–1982, Associate Counsel to President Ronald Reagan, White House Counsel’s Office from 1982–1986, and Principal Deputy Solicitor General, U.S. Department of Justice from 1989–1993. From 1986–1989 and 1993–2003, he practiced law in Washington, D.C. He was appointed to the United States Court of Appeals for the District of Columbia Circuit in 2003

Nominated President George W. Bush as Chief Justice of the United States, and he took his seat on September 29, 2005.

Name: John Paul Stevens, Associate Justice,

Education: A.B. from the University of Chicago, and a J.D. from Northwestern University School of Law.

Service: (1947 - 2009) (United States Navy from 1942–1945) Law clerk to Justice Wiley Rutledge of the Supreme Court of the United States during the 1947 Term. He was admitted to law practice in Illinois in 1949. He was Associate Counsel to the Subcommittee on the Study of Monopoly Power of the Judiciary Committee of the U.S. House of Representatives, 1951–1952, and a member of the Attorney General’s National Committee to Study Antitrust Law, 1953–1955. He was Second Vice President of the Chicago Bar Association in 1970. From 1970–1975, he served as a Judge of the United States Court of Appeals for the Seventh Circuit. President Ford nominated him as an Associate Justice of the Supreme Court, and he took his seat December 19, 1975.

Name: Antonin Scalia, Associate Justice

Education: A.B. from Georgetown University and the University of Fribourg, Switzerland, and his LL.B. from Harvard Law School, and was a Sheldon Fellow of Harvard University from 1960–1961.

Service: (1962 - 2009) Private practice in Cleveland, Ohio from 1961–1967, a Professor of Law at the University of Virginia from 1967–1971, and a Professor of Law at the University of Chicago from 1977–1982, and a Visiting Professor of Law at Georgetown University and Stanford University. He was chairman of the American Bar Association’s Section of Administrative Law, 1981–1982, and its Conference of Section Chairmen, 1982–1983. He served the federal government as General Counsel of the Office of Telecommunications Policy from 1971–1972, Chairman of the Administrative Conference of the United States from 1972–1974, and Assistant Attorney General for the Office of Legal Counsel from 1974–1977. He was appointed Judge of the United States Court of Appeals for the District of Columbia Circuit in 1982. President Reagan nominated him as an Associate Justice of the Supreme Court, and he took his seat September 26, 1986.

Name: Anthony M. Kennedy, Associate Justice

Education: B.A. from Stanford University and the London School of Economics, and his LL.B. from Harvard Law School.

Service: (1961-2009) Private practice in San Francisco, California from 1961–1963, as well as in Sacramento, California from 1963–1975. From 1965 to 1988, he was a Professor of Constitutional Law at the McGeorge School of Law, University of the Pacific. California Army National Guard in 1961, the board of the Federal Judicial Center from 1987–1988, and two committees of the Judicial Conference of the United States: the Advisory Panel on Financial Disclosure Reports and Judicial Activities, subsequently renamed the Advisory Committee on Codes of Conduct, from 1979–1987, and the Committee on Pacific Territories from 1979–1990, which he chaired from 1982–1990. He was appointed to the United States Court of Appeals for the Ninth Circuit in 1975. President Reagan nominated him as an Associate Justice of the Supreme Court, and he took his seat February 18, 1988.

Name: David Hackett Souter, Associate Justice

Education: Graduated from Harvard College, from which he received his A.B. Rhodes Scholar at Magdalen College, Oxford. A.B. in Jurisprudence from Oxford University and an M.A. in 1989. LL.B. from Harvard Law School

Service: (1966 - 2009) Associate at Orr and Reno in Concord, New Hampshire from 1966 to 1968, when he became an Assistant Attorney General of New Hampshire. In 1971, he became Deputy Attorney General and in 1976, Attorney General of New Hampshire. In 1978, he was named an Associate Justice of the Superior Court of New Hampshire, and was appointed to the Supreme Court of New Hampshire as an Associate Justice in 1983. He became a Judge of the United States Court of Appeals for the First Circuit on May 25, 1990. President Bush nominated him as an Associate Justice of the Supreme Court, and he took his seat October 9, 1990.

Name: Clarence Thomas, Associate Justice

Education: Conception Seminary and received an A.B., cum laude, from Holy Cross College, and a J.D. from Yale Law School in 1974.

Service: (1974 - 2009) Admitted to law practice in Missouri in 1974. Assistant Attorney General of Missouri from 1974–1977, an attorney with the Monsanto Company from 1977–1979, and Legislative Assistant to Senator John Danforth from 1979–1981. From 1981–1982, he served as Assistant Secretary for Civil Rights, U.S. Department of Education, and as Chairman of the U.S. Equal Employment Opportunity Commission from 1982–1990. He became a Judge of the United States Court of Appeals for the District of Columbia Circuitin 1990. President Bush nominated him as an Associate Justice of the Supreme Court, and he took his seat October 23, 1991.

Name: Ruth Bader Ginsburg, Associate Justice

Education: B.A. from Cornell University, attended Harvard Law School, and received her LL.B. from Columbia Law School.

Service: (1959 - 2009) Law clerk to the Honorable Edmund L. Palmieri, Judge of the United States District Court for the Southern District of New York, from 1959–1961. From 1961–1963, she was a research associate and then associate director of the Columbia Law School Project on International Procedure. She was a Professor of Law at Rutgers University School of Law from 1963–1972, and Columbia Law School from 1972–1980, and a fellow at the Center for Advanced Study in the Behavioral Sciences in Stanford, California from 1977–1978. In 1971, she was instrumental in launching the Women’s Rights Project of the American Civil Liberties Union, and served as the ACLU’s General Counsel from 1973–1980, and on the National Board of Directors from 1974–1980. She was appointed a Judge of the United States Court of Appeals for the District of Columbia Circuit in 1980. President Clinton nominated her as an Associate Justice of the Supreme Court, and she took her seat August 10, 1993.

Name: Stephen G. Breyer, Associate Justice

Education: A.B. from Stanford University, a B.A. from Magdalen College, Oxford, and an LL.B. from Harvard Law School.

Service (1964 - 2009) Law clerk to Justice Arthur Goldberg of the Supreme Court of the United States during the 1964 Term, as a Special Assistant to the Assistant U.S. Attorney General for Antitrust, 1965–1967, as an Assistant Special Prosecutor of the Watergate Special Prosecution Force, 1973, as Special Counsel of the U.S. Senate Judiciary Committee, 1974–1975, and as Chief Counsel of the committee, 1979–1980. He was an Assistant Professor, Professor of Law, and Lecturer at Harvard Law School, 1967–1994, a Professor at the Harvard University Kennedy School of Government, 1977–1980, and a Visiting Professor at the College of Law, Sydney, Australia and at the University of Rome. From 1980–1990, he served as a Judge of the United States Court of Appeals for the First Circuit, and as its Chief Judge, 1990–1994. He also served as a member of the Judicial Conference of the United States, 1990–1994, and of the United States Sentencing Commission, 1985–1989. President Clinton nominated him as an Associate Justice of the Supreme Court, and he took his seat August 3, 1994.

Name: Samuel Anthony Alito, Jr., Associate Justice

Education: A graduate of Princeton University and Yale Law School (where he served as editor of the Yale Law Journal)

Service: (1976 - 2009) Law clerk for Leonard I. Garth of the United States Court of Appeals for the Third Circuit from 1976–1977. He was Assistant U.S. Attorney, District of New Jersey, 1977–1981, Assistant to the Solicitor General, U.S. Department of Justice, 1981–1985, Deputy Assistant Attorney General, U.S. Department of Justice, 1985–1987, and U.S. Attorney, District of New Jersey, 1987–1990. He was appointed to the United States Court of Appeals for the Third Circuit in 1990. President George W. Bush nominated him as an Associate Justice of the Supreme Court, and he took his seat on January 31, 2006.

NOMINATED BY PRESIDENT BO:

Name: Sonia Sotomayor

Eduction: A.B. from Princeton University, graduating summa cum laude in 1976. Obtained her J.D. from Yale Law School in 1979. Served as editor of the Yale Law Journal.

Service: (1979 - 2009). Assistant district attorney, New York County District Attorney's Office, 1979-1984Private practice, New York City, 1984-1992Judge, U. S. District Court, Southern District of New York Nominated by George H.W. Bush on November 27, 1991, to a seat vacated by John M. Walker, Jr.; Confirmed by the Senate on August 11, 1992, and received commission on August 12, 1992. Service terminated on October 13, 1998, due to appointment to another judicial position. Judge, U. S. Court of Appeals for the Second Circuit Nominated by William J. Clinton on June 25, 1997, to a seat vacated by J. Daniel Mahoney; Confirmed by the Senate on October 2, 1998, and received commission on October 7, 1998.

I have no doubt that Sonia Sotomayor is judicially qualified to sit on the Supreme Court (even though I recognize that her record as a judge is poor, her rulings having been overturned up to 60% of the time).

But "...more experience on the bench than anyone currently serving on the Supreme Court when appointed."

That is at least hyperbole and, in my humble, but correct, opinion is a bald faced lie.

But then we have come to expect even to like for President BO to lie. It make us feel like he is one of us.

After all, how we feel is far more important than what we think or know.

11 comments:

Z said...

great post, Joe, and important.
the litmus test they warned Bush about using SURE is being used now, huh?
Hope you're feeling well :0)

bluepitbull said...

Let's see how many libs comment on this. Showing that feeling and empathy are not a substitute for the law.

Lone Ranger said...

I wish I were sitting on that committee.

Judge Sotomayor, 60% of your decisions have been reversed. If -- God forbid -- you should contract a deadly disease, would you go to a doctor who loses 60% of his patients?

If -- God forbid -- you should be sued for millions of dollars, would you hire a lawyer who loses 60% of his cases?

If -- God forbid -- your toilet should get stuffed up, would you hire a plumber whose work is reported to the Better Business Bureau 60% of the time?

I think that would take care of this nomination.

Tom said...

I'm with Ranger - this person is a poor choice to sit on the highest court of the land.

Tapline said...

Joe, excellent post....what's wrong with your commentors???? OB said she was empathetic and the court would finally, dispense justice, once she is seated!!!!!Which people.....you have your orders!!!! vote yes !!!!!There, Ive done it for you.... and that's what counts..Feelings,,,you know,,,,,,Blind justice gone with this administration and from what I read, the nominee....constitution??????What's that??????? stay well.....

TAO said...

I'm pissed...

I wanted someone to be nominated who did NOT have law degree!

I think there are too many lawyers and to many judges on the current court...and way too many from Yale and Harvard.

Bryan said...

Hi Joe,

Left you info in the comment section about the Reagan speech at my blog.

Take care.

Joe said...

Z: Thank you. But we're not supposed to have litmus tests, are we (such as right-to-life)?

bluepitbull: Libs can't talk without being nasty, so they keep getting deleted from my comment section...they just aren't man (woman) enough to control their own tongues.

LR: How about a pilot who told you there was a 60% chance you'd have a safe landing?

Tom: She IS suffeciaently touchy-feely, which is what President BO thinks we need.

Tapline: Don't panic...they're OK.

TAO: Funny...I just said the same thing to a friend today.

Bryan: Thanks...I'll go get it.

Ducky's here said...

I have no doubt that Sonia Sotomayor is judicially qualified to sit on the Supreme Court (even though I recognize that her record as a judge is poor, her rulings having been overturned up to 60% of the time).

----------------------------

That's the pure stinky cheese.

She ruled on several cases that were reversed. Six, I believe and three were reversed. The rate varies according to several sources, some have 60% and some have 50%.

At any rate, the average reversal rate is around 55%. So Sotomajor's rate is not unusual.

Cases are heard by SCOTUS BECAUSE the case and the underlying case law is unclear and open to interpretation. It is also clear that the far right do not have a good grasp of the workings of American jurisprudence.

Joe said...

What's you point, Quacky? Did I not SAY she was qualified? My point is that she IS as qualified judicially as any other Supreme Court member, just not MORE SO, as directly and blatantly stated by President BO.

As any able reader would know, President BO's assertion is what is taken to task, here.

In your skimming of my post, you probably missed that part.

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