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The First 24 Hours: A Sotomayor Roundup

Update - 5/29/09 - and even more Sotomayor postings have surfaced, including Sotomayor's views on bankruptcy at the Bankruptcy Law Bloghere and  here as well as  five movies that Judge Sotomayor should watch at  AMC TV Blog.

It's been a little over 24 hours since President Obama announced his first nomination for the United States Supreme court, 2nd Circuit judge Sonia Sotomayor. And while one day may scarcely give Judge Sotomayor enough time to prepare for the numerous private meetings with Senators that lie ahead, it's more than enough time to give bloggers and commenters enough time to offer opinions and observations.  So with that said, here's a topical roundup of some of posts and other commentary on Judge Sotomayor from around the blogosphere and the Web:

Environmental Issues: Alex Kaplun of The New York Times writes that Judge Sotomayor is a popular pick with environmental groups. While on the 2nd Circuit, Sotomayor wrote an opinion agreeing with an environmental group's argument that EPA was required to choose the best technology for a cooling-water intake at a power plant without regard to balancing costs and benefits. Ultimately, however, the Supreme Court disagreed, overturning the 2nd Circuit by a 6-3 vote in Entergy v. EPA

Sotomayor and Roberts on Tax Law: At Tax Girl, Kelly Erb points out that Justice Roberts criticized a decision by Judge Sotomayor on tax law (specifically, deductibility of adviser fees for management of a trust) as "flying in the face of the statutory language." Still, the Supreme Court upheld Sotomayor's result, for different reasons.

Sotomayor's Experience in Sentencing: Sentencing guru Doug Berman points out in two posts, here and here, that Sotomayor is unique in that she has actually had experience sentencing defendants under federal guidelines, including during the time where the guidelines were mandatory. Berman is not sure how this will impact Sotomayor's decisions, but he notes that "the mere fact that she has a record as a federal sentencing judge sets her apart from every Justice to serve on the Court in my lifetime."

Sotomayor on Baseball: The WSJ Law Blog has a pretty good roundup of news stories on Judge Sotomayor, including a link to a New York Times story on Sotomayor's role in the baseball strike. (Would that mean that she'd have to recuse herself from baseball-related cases at the Court?)

Sotomayor -- Shades of Souter?: An interesting piece from Bloomberg argues that Sotomayor bears some similarity to her predecessor on the Court, Justice Souter. Apart from the obvious superficial commonalities -- he's a bachelor and she's a bachelorette -- the article  points out that Souter and Sotomayor support broad application of civil rights to protect minorities, have both voted to limit the right to bear arms and are both somewhat centrist, with left leanings.

Sotomayor and Business: Jonathan Adler at The Volokh Conspiracy considers the pros and cons of a Sotomayor confirmation for business interests, while Walter Olson of Overlawyered examines the same question in a column up at Forbes.

As the confirmation hearings get underway, there's sure to be more news regarding Judge Sotomayor's views, so stay tuned.

Posted by Carolyn Elefant on May 27, 2009 at 03:07 PM | Permalink | Comments (1)


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