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Sotomayor's Third and Final Day of Questioning

July 17, 2009

     Yesterday the Senate Judiciary Committee concluded its third and final day of questioning of Supreme Court nominee Sonia Sotomayor.  There were a number of "rhetorical flourishes" by both the senators and the nominee.

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Sotomayor's Second Day of Questioning

July 16, 2009

     Here are links to some news reports about Sotomayor's second round of questioning Wednesday.  I found one particular exchange illuminating.

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Sotomayor's First Day of Questioning

July 15, 2009

     Here are my thoughts and impressions from the first day of questioning of Judge Sotomayor before the Senate Judiciary Committee.

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Sotomayor's Decision in the Second Amendment Case

July 14, 2009

     Here is a more complete analysis of the Second Circuit's decision earlier this year in Maloney v. Cuomo , the Second Amendment case in which Judge Sotomayor participated.

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Sotomayor's First Day of Hearings: Gun Rights and Foreign Law

July 13, 2009

     Two additional topics were raised today in Judge Sonia Sotomayor's first day of confirmation hearings before the Senate Judiciary Committee: the Second Amendment and the influence of foreign law on the interpretation of the Constitution.  Links below, additional analysis will follow tomorrow.

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Looking Ahead: Thoughts on Sotomayor, Rove, Detainee Trials, and the CIA

July 10, 2009

     Summer is usually slow for Constitutional Law news, but not this year.  This post contains some predictions about upcoming developments; an expression of gratitude to the commenters who contribute to the discussions on this site, particularly fellow bloggers Da King and The Reverend; and a request for topics that you want to read […]

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Big News on Capitol Hill Yesterday: Sotomayor, Rove, and the Detainees

July 8, 2009

     The confirmation hearing for Judge Sonia Sotomayor will kick off next week before the Senate Judiciary Committee, Karl Rove testified before the House Judiciary Committee, and the Senate Armed Services Committee held a hearing on proposed amendments to the Military Commissions Act. 

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Ricci v. DeStefano – the New Haven Firefighter case – Which Is Fairer, Multiple Choice or Oral Examinations?

June 30, 2009

     In a previous post I described the New Haven firefighter case and Judge Sonia Sotomayor's participation in it as a member of the Second Circuit Court of Appeals.  In this posting I will analyze yesterday's 5-4 decision of the Supreme Court reversing the Court of Appeals' decision in that case.  One aspect of this case particularly […]

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What Would Happen If Roe v. Wade Were Overturned?

June 22, 2009

     Assume for a moment that Justice Anthony Kennedy were to change his mind and vote to overturn Roe v. Wade – or that Judge Sotomayor, if confirmed, were to surprise the President and confound his supporters and vote with the four conservative justices on this subject – what would be the legal, social, and political […]

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Sotomayor's Dissent in Pappas v. Giuliani in Support of White Racist Speech

June 17, 2009

     One of the principal judicial decisions by Judge Sotomayor that will be discussed in her confirmation hearing will be her dissenting opinion in Pappas v. Giuliani, in which she stood up for the right of a New York City policeman to engage in hate speech.  Below the fold are a discussion of the case and links to […]

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Sotomayor's Decision in Center for Reproductive Law and Policy v. Bush

June 1, 2009

     Seventeen years ago Judge Sonia Sotomayor authored the decision of the Second Circuit Court of Appeals in Center for Reproductive Law and Policy v. Bush, 304 F.3d 183 (2002).  What does this case tell us about her qualities as a judge and her views on abortion?

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Two Measures of Judicial Activism and Where Judge Sotomayor Falls Along the Spectrum

May 29, 2009

     "Judicial activism" may be defined as the tendency of a judge to "make new law" rather than simply to "interpret existing law."  But there are two ways of measuring the degree to which a judge is an "activist" – the term means different things to liberals and conservatives.

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