Justice Sonia Sotomayor

  • June 20, 2014

    by Paul Guequierre

    They may have taken different paths to civil rights stardom, but those paths started at the same place—the public housing projects in the Bronx, New York. Last night, attendees of the 2014 ACS National Convention got a glimpse into the events and personal journeys that got U.S. Supreme Court Justice Sonia Sotomayor and her longtime friend, civil rights leader and attorney Ted Shaw, where they are today.

    The two—who were high school classmates nearly 50 years ago in the Bronx—had a spirited conversation in front of hundreds of lawyers, judges, law professors and students and civil rights activists at the 2014 ACS National Convention. They shared their experiences growing up in tumultuous times during the civil rights movement in public housing and how that helped shape who they are today.

    After showing their high school yearbook to the audience, Justice Sotomayor asked Ted Shaw if he ever thought they would get to where they are in their careers. He replied, “Sonia, who would have ever imagined they would let the inmates run the asylum?”

  • April 24, 2014

     
    A new Justice Department initiative could expand clemency eligibility for nonviolent drug offenders. Announced Wednesday by Deputy Attorney General James M. Cole, the plan “would canvass the entire federal prison population for the first time to find inmates who committed low-level crimes and could be released early.” Matt Apuzzo at The New York Times examines the implications of the DOJ’s decision. 
     
    Justice Sonia Sotomayor read her impassioned dissent in Schuette v. Coalition to Defend Affirmative Action from the bench Tuesday, stating that the plurality were “out of touch with reality [and] one not required by our Constitution.” MSNBC’s Adam Serwer reports on the “simmering tensions over the high court’s approach to race.”
     
    Garret Epps at The Atlantic explains how Seventh Circuit Judge Richard Posner’s opinion involving a chicken-gutting case, demonstrates “how judges change details they don’t like.”
     
    Joel Mintz at the CPRBlog explains why the Environmental Protection Agency’s Final Enforcement Strategic Plan “contains a modest silver lining in an ominous dark cloud.”
     
    At Womenstake, Beccah Golubock Watson discusses a bipartisan effort by a group of senators to reduce sexual assault on college campuses.
  • April 23, 2014
     
    At The Daily BeastGeoffrey R. Stone, former ACS Board Chair and current Co-Chair of the Board of Advisors for the ACS Chicago Lawyer Chapter as well as Co-Faculty Advisor for the University of Chicago Law School ACS Student Chapter, discusses his experience on the President’s Review Group on Intelligence and Communications Technologies and why “constant, rigorous, and independent review is essential if we are to strike the proper balance between liberty and security in a changing world.”
     
    The Supreme Court heard oral argument yesterday in a case involving an “Ohio law that criminalizes the spreading of false information about a political candidate during a campaign.”  The challenge comes after an anti-abortion rights group mischaracterized former Rep. Steve Driehaus’ (D-Ohio) stance on abortion during his 2010 reelection campaign. Robert Barnes at The Washington Post has the story.
     
    Yesterday, the Supreme Court upheld Michigan’s ban on Affirmative Action in Schuette v. Coalition to Defend Affirmative Action. Justice Anthony Kennedy wrote for the plurality while Justice Sonia Sotomayor wrote an impassioned dissent. Writing for SCOTUSblog, Amy Howe details the case.
     
    Peter Hardin at GavelGrab notes that if New Jersey Gov. Chris Christie chooses not to reappoint Chief Justice Stuart Rabner it could “give rise to the perception that Christie was attempting to intimidate judges working without tenure.”
     
    At The New Yorker’s Daily Comment Hendrik Hertzberg explains New York Gov. Andrew Cuomo’s decision to join the National Popular Vote (NPV) interstate compact.
  • April 4, 2014

    Many believe that the Supreme Court’s decision in McCutcheon v. Federal Election Commission will further enable corruption through the use of “dark money.” Writing for The Washington Post, Heather K. Gerken, Wade Gibson and Webb Lyons discuss how the virtues of “disclosure and disclaimer provisions” could “direct campaign finance reform toward greater transparency.” In a related op-ed, Zephyr Teachout promotes “public-funding systems” and argues why “our candidates don’t have to be beggars at the feet of oligarchs.”
     
    Yesterday, the Senate Intelligence Committee voted to declassify a report examining the Central Intelligence Agency’s interrogation programs during the Bush administration. Burgess Everett and Josh Gerstein at Politico break down the report expected to reveal that “CIA interrogators went well beyond the highly permissive guidelines the Justice Department issued permitting tactics many view as torture.”
     
    Today marks the forty-sixth anniversary of the assassination of Dr. Martin Luther King, Jr. At The Root, Peniel E. Joseph comments on Dr. King’s “last crusade against the poverty, racism and militarism that he saw as the triple threat to humanity.”
     
    Justice Sonia Sotomayor spoke with Der Spiegel about her legal career, women’s role within the court and her personal motto. You can see Justice Sotomayor and civil rights leader Theodore Shaw in conversation at the 2014 ACS National Convention.
     
    At The Life of the Law, Elizabeth Joh shares “what artists are showing us about surveillance and the law.”
  • November 25, 2013
    Guest Post
    by Andrew Guthrie Ferguson, Associate Professor of Law at the David A. Clarke School of Law at the University of the District of Columbia and author of Why Jury Duty Matters: A Citizen’s Guide to Constitutional Action
     
    In our criminal justice system, we ask jurors to make incredibly difficult decisions about life and death, guilt and innocence, all without much training, preparation or support. One day you are a mother, father, employee, ordinary citizen; the next, you are deciding whether someone should be executed by order of the State.
     
    This is the American system. Citizens become jurors and are suddenly entrusted with the most important decisions a society is required to make. Jurors are elevated to a constitutional role and given more power than ever before, all in the name of keeping the democratic legitimacy of citizen representation in our criminal justice system.
     
    Just not in Alabama when it comes to the death penalty.
     
    For the ninety-fifth time, a duly constituted local Alabama jury spared the life of a defendant facing the death penalty. In Woodward v. Alabama, the jurors voted 8-4 to sentence Mario Dion Woodward to life in prison without the possibility of parole. A single judge overrode the decision and sentenced Mr. Woodward to death. 
     
    In her dissent from a denial of certiorari, Justice Sonya Sotomayor raised significant Sixth and Eighth Amendment concerns about the practice of allowing judges (facing the political pressure of reelection) to impose the death penalty because those judges disagree with the jury’s assessments of the facts. Such reasoning runs directly against the logic of Ring v. Arizona and may violate the constitutional rights of the accused.
     
    However the Supreme Court ultimately decides the constitutional issue, I see a broader problem focusing not on the accused but on the citizen. Simply stated, a judicial override process devalues civic participation and threatens to undermine the legitimacy of the jury system. By disrespecting the jury verdict, the judge is disrespecting the juror’s role in the criminal justice system.