Showing posts with label justice souter. Show all posts
Showing posts with label justice souter. Show all posts

Thursday, May 28, 2009

Judge Sonia Sotomayor nominated to Supreme Court (video/text)

May 26, 2009

Judge Sotomayor background

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PRESIDENT’S REMARKS - NOMINATION OF JUDGE SONIA SOTOMAYOR TO SUPREME COURT

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[emphasis added]

THE PRESIDENT: Thank you. Well, I’m excited, too. (Laughter.)

Of the many responsibilities granted to a President by our Constitution, few are more serious or more consequential than selecting a Supreme Court justice. The members of our highest court are granted life tenure, often serving long after the Presidents who appointed them. And they are charged with the vital task of applying principles put to paper more than 20 [sic] centuries ago to some of the most difficult questions of our time.

So I don’t take this decision lightly. I’ve made it only after deep reflection and careful deliberation. While there are many qualities that I admire in judges across the spectrum of judicial philosophy, and that I seek in my own nominee, there are few that stand out that I just want to mention.

First and foremost is a rigorous intellecta mastery of the law, an ability to hone in on the key issues and provide clear answers to complex legal questions.

Second is a recognition of the limits of the judicial role, an understanding that a judge’s job is to interpret, not make, law; to approach decisions without any particular ideology or agenda, but rather a commitment to impartial justice; a respect for precedent and a determination to faithfully apply the law to the facts at hand.

These two qualities are essential, I believe, for anyone who would sit on our nation’s highest court. And yet, these qualities alone are insufficient. We need something more. For as Supreme Court Justice Oliver Wendell Holmes once said, “The life of the law has not been logic; it has been experience.” Experience being tested by obstacles and barriers, by hardship and misfortune; experience insisting, persisting, and ultimately overcoming those barriers. It is experience that can give a person a common touch and a sense of compassion; an understanding of how the world works and how ordinary people live. And that is why it is a necessary ingredient in the kind of justice we need on the Supreme Court.

The process of reviewing and selecting a successor to Justice Souter has been rigorous and comprehensive, not least because of the standard that Justice Souter himself has set with his formidable intellect and fair-mindedness and decency. I’ve sought the advice of members of Congress on both sides of the aisle, including every member of the Senate Judiciary Committee. My team has reached out to constitutional scholars, advocacy organizations, and bar associations representing an array of interests and opinions. And I want to thank members of my staff and administration who’ve worked so hard and given so much of their time as part of this effort.

After completing this exhaustive process, I have decided to nominate an inspiring woman who I believe will make a great justice: Judge Sonia Sotomayor of the great state of New York. (Applause.)

Over a distinguished career that spans three decades, Judge Sotomayor has worked at almost every level of our judicial system, providing her with a depth of experience and a breadth of perspective that will be invaluable as a Supreme Court justice.

It’s a measure of her qualities and her qualifications that Judge Sotomayor was nominated to the U.S. District Court by a Republican President, George H.W. Bush, and promoted to the Federal Court of Appeals by a Democrat, Bill Clinton. Walking in the door she would bring more experience on the bench, and more varied experience on the bench, than anyone currently serving on the United States Supreme Court had when they were appointed.

Judge Sotomayor is a distinguished graduate of two of America’s leading universities. She’s been a big-city prosecutor and a corporate litigator. She spent six years as a trial judge on the U.S. District Court, and would replace Justice Souter as the only justice with experience as a trial judge, a perspective that would enrich the judgments of the Court.

For the past 11 years she has been a judge on the Court of Appeals for the Second Circuit of New York, one of the most demanding circuits in the country. There she has handed down decisions on a range of constitutional and legal questions that are notable for their careful reasoning, earning the respect of colleagues on the bench, the admiration of many lawyers who argue cases in her court, and the adoration of her clerks who look to her as a mentor.

During her tenure on the District Court, she presided over roughly 450 cases. One case in particular involved a matter of enormous concern to many Americans, including me: the baseball strike of 1994-1995. (Laughter.) In a decision that reportedly took her just 15 minutes to announce, a swiftness much appreciated by baseball fans everywhere — (laughter) — she issued an injunction that helped end the strike. Some say that Judge Sotomayor saved baseball. (Applause.)

Judge Sotomayor came to the District Court from a law firm where she was a partner focused on complex commercial litigation, gaining insight into the workings of a global economy. Before that she was a prosecutor in the Manhattan DA’s office, serving under the legendary Robert Morgenthau, an early mentor of Sonia’s who still sings her praises today. There, Sonia learned what crime can do to a family and a community, and what it takes to fight it. It’s a career that has given her not only a sweeping overview of the American judicial system, but a practical understanding of how the law works in the everyday lives of the American people.

But as impressive and meaningful as Judge Sotomayor’s sterling credentials in the law is her own extraordinary journey. Born in the South Bronx, she was raised in a housing project not far from Yankee Stadium, making her a lifelong Yankee’s fan. I hope this will not disqualify her — (laughter) — in the eyes of the New Englanders in the Senate. (Laughter.)

Sonia’s parents came to New York from Puerto Rico during the second world war, her mother as part of the Women’s Army Corps. And, in fact, her mother is here today and I’d like us all to acknowledge Sonia’s mom. (Applause.) Sonia’s mom has been a little choked up. (Laughter.) But she, Sonia’s mother, began a family tradition of giving back to this country. Sonia’s father was a factory worker with a 3rd-grade education who didn’t speak English. But like Sonia’s mother, he had a willingness to work hard, a strong sense of family, and a belief in the American Dream.

When Sonia was nine, her father passed away. And her mother worked six days a week as a nurse to provide for Sonia and her brother — who is also here today, is a doctor and a terrific success in his own right. But Sonia’s mom bought the only set of encyclopedias in the neighborhood, sent her children to a Catholic school called Cardinal Spellman out of the belief that with a good education here in America all things are possible.

With the support of family, friends, and teachers, Sonia earned scholarships to Princeton, where she graduated at the top of her class, and Yale Law School, where she was an editor of the Yale Law Journal, stepping onto the path that led her here today.

Along the way she’s faced down barriers, overcome the odds, lived out the American Dream that brought her parents here so long ago. And even as she has accomplished so much in her life, she has never forgotten where she began, never lost touch with the community that supported her.

What Sonia will bring to the Court, then, is not only the knowledge and experience acquired over a course of a brilliant legal career, but the wisdom accumulated from an inspiring life’s journey.

It’s my understanding that Judge Sotomayor’s interest in the law was sparked as a young girl by reading the Nancy Drew series — (laughter) — and that when she was diagnosed with diabetes at the age of eight, she was informed that people with diabetes can’t grow up to be police officers or private investigators like Nancy Drew. And that’s when she was told she’d have to scale back her dreams.

Well, Sonia, what you’ve shown in your life is that it doesn’t matter where you come from, what you look like, or what challenges life throws your way — no dream is beyond reach in the United States of America.

And when Sonia Sotomayor ascends those marble steps to assume her seat on the highest court of the land, America will have taken another important step towards realizing the ideal that is etched above its entrance: Equal justice under the law.

I hope the Senate acts in a bipartisan fashion, as it has in confirming Judge Sotomayor twice before, and as swiftly as possible so that she can take her seat on the Court in September and participate in deliberations as the Court chooses which cases it will hear this coming year.

And with that, I’d like all of you to give a warm greeting as I invite Judge Sotomayor to say a few words. (Applause.)

JUDGE SOTOMAYOR:

I was just counseled not to be nervous. (Laughter.) That’s almost impossible. (Laughter.)

Thank you, Mr. President, for the most humbling honor of my life. You have nominated me to serve on the country’s highest court, and I am deeply moved.

I could not, in the few minutes I have today, mention the names of the many friends and family who have guided and supported me throughout my life and who have been instrumental in helping me realize my dreams. I see many of those faces in this room. Each of you, whom I love deeply, will know that my heart today is bursting with gratitude for all you have done for me.

The President has said to you that I bring my family. In the audience is my brother, Juan Sotomayor — he’s a physician in Syracuse, New York; my sister-in-law, Tracey; my niece, Kylie — she looks like me — (laughter) — my twin nephews, Conner and Corey. I stand on the shoulders of countless people, yet there is one extraordinary person who is my life aspiration — that person is my mother, Celina Sotomayor. (Applause.)

My mother has devoted her life to my brother and me, and as the President mentioned, she worked often two jobs to help support us after Dad died. I have often said that I am all I am because of her, and I am only half the woman she is.

Sitting next to her is Omar Lopez, my mom’s husband and a man whom I have grown to adore. I thank you for all that you have given me and continue to give me. I love you. (Applause.)

I chose to be a lawyer, and ultimately a judge, because I find endless challenge in the complexities of the law. I firmly believe in the rule of law as the foundation for all of our basic rights. For as long as I can remember, I have been inspired by the achievement of our Founding Fathers. They set forth principles that have endured for more than two centuries. Those principles are as meaningful and relevant in each generation as the generation before. It would be a profound privilege for me to play a role in applying those principles to the questions and controversies we face today.

Although I grew up in very modest and challenging circumstances, I consider my life to be immeasurably rich. I was raised in a Bronx public housing project, but studied at two of the nation’s finest universities. I did work as an assistant district attorney, prosecuting violent crimes that devastate our communities. But then I joined a private law firm and worked with international corporations doing business in the United States. I have had the privilege of serving as a Federal District Court trial judge, and am now serving as a Federal Appellate Circuit Court judge.

This wealth of experiences, personal and professional, have helped me appreciate the variety of perspectives that present themselves in every case that I hear. It has helped me to understand, respect, and respond to the concerns and arguments of all litigants who appear before me, as well as to the views of my colleagues on the bench. I strive never to forget the real-world consequences of my decisions on individuals, businesses, and government.

It is a daunting feeling to be here. Eleven years ago, during my confirmation process for appointment to the Second Circuit, I was given a private tour of the White House. It was an overwhelming experience for a kid from the South Bronx. Yet never in my wildest childhood imaginings did I ever envision that moment, let alone did I ever dream that I would live this moment.

Mr. President, I greatly appreciate the honor you are giving me, and I look forward to working with the Senate in the confirmation process. I hope that as the Senate and the American people learn more about me they will see that I am an ordinary person who has been blessed with extraordinary opportunities and experiences. Today is one of those experiences.

Thank you again, sir. (Applause.)

Saturday, May 2, 2009

Court respinds to Justice Souter's decision

May 1, 2009

Justice Souter announces retirement
barry re: Justice Souter’s decision to retire
Court responds to Justice Souter’s decision

Chief Justice John Roberts

Justice Souter has served with great distinction on the court for nearly 20 years. ... His desire to return to his native New Hampshire is understandable, but he will be greatly missed in our deliberations.

Justice John Paul Stevens

As Justice Blackmun accurately stated when Justice White advised us of his proposed retirement from the court, an announcement of this kind 'is an emotional occasion.' Because Justice Souter is such a good friend, my first reaction to his decision is one of real personal loss. Because I am confident that I know how his professional work will be judged by future historians, my more important reaction is that the court will suffer a far greater loss than many now realize. I wish he had postponed the decision that he has just announced.

Justice Antonin Scalia

David and I have served on this bench together for almost 20 years -- sitting next to each other at argument for all of that time. I will miss his always intelligent contribution to our work, but most of all I will miss his companionship. The only consolation is that I am sure he will be happy back in his cold and beloved New Hampshire.

Justice Anthony M. Kennedy

The two months remaining in this term now become all the more precious to us, for we know our splendid colleague Justice David H. Souter will soon leave here for the home and the state to which he longs to return. In our free moments David was one of the best raconteurs, one of the most adept and amusing storytellers, I have ever encountered. In our conferences and deliberations all of us knew we had the guidance of a powerful intellect and a fine, dedicated jurist. The nation should be grateful always for his integrity and absolute probity, and for his lasting contributions to our law and to the dignity of this court.

Justice Clarence Thomas

I have been privileged to serve on the court with Justice Souter for almost two decades. It is an honor to have been one of his colleagues at the court. Though deeply saddened by the departure of a friend and colleague, I am comforted by the knowledge that the bonds of friendship that have been formed during our toils here shall happily remain firm. Virginia and I wish him much happiness and contentment.

Justice Ruth Bader Ginsburg

Among jurists with whom I have served, Justice David H. Souter is the very best. His level of preparation for the cases we consider is astonishing. He works so hard at getting it right. He is a genuinely caring man and a model of civility. Never have I heard him utter a harsh or unkind word. I count it my great good fortune to have known him as a working colleague and dear friend.

Justice Stephen G. Breyer

As a member of this court, Justice Souter has given nineteen years of inspirational service to the nation. David is a close colleague and a warm personal friend. I shall miss him here. So will we all.

Justice Samuel A. Alito

I was sad to hear of David Souter's decision to retire from the court. From my first day on the court, he has been a wonderful colleague. He has dedicated so many years to exemplary judicial service. We will miss him deeply.

Source: Boston,com

Friday, May 1, 2009

barry re: Justice Souter’s decision to retire

May 1, 2009

Justice Souter announces retirement
barry re: Justice Souter’s decision to retire
Court responds to Justice Souter’s decision

For all you complacent doubters - stretch your mind for just a moment when he gets to talking about The Constitution. While reading the highlighted area - imagine how you would feel if it turns out he is not Constitutionally eligible to be President and he has known this forever - even when he was a Constitutional law Professor lecturer.

Here’s just the end of the video. Watch how tickled pink-er with pride and swollen with giddiness Gibbs gets that his boss came to visit him the adoring media.

barry for his part gave orders to his adoring sycophants to torture Gibbs.

Listen to the desperate female moan: Stay!

THE PRESIDENT

I just got off the telephone with Justice Souter. And so I would like to say a few words about his decision to retire from the Supreme Court.

Throughout his two decades on the Supreme Court, Justice Souter has shown what it means to be a fair-minded and independent judge. He came to the bench with no particular ideology. He never sought to promote a political agenda. And he consistently defied labels and rejected absolutes, focusing instead on just one task — reaching a just result in the case that was before him.

He approached judging as he approaches life, with a feverish work ethic and a good sense of humor, with integrity, equanimity and compassion — the hallmark of not just being a good judge, but of being a good person.

I am incredibly grateful for his dedicated service. I told him as much when we spoke. I spoke on behalf of the American people thanking him for his service. And I wish him safe travels on his journey home to his beloved New Hampshire and on the road ahead.

Now, the process of selecting someone to replace Justice Souter is among my most serious responsibilities as President. So I will seek somebody with a sharp and independent mind and a record of excellence and integrity. I will seek someone who understands that justice isn’t about some abstract legal theory or footnote in a case book. It is also about how our laws affect the daily realities of people’s lives — whether they can make a living and care for their families; whether they feel safe in their homes and welcome in their own nation.

I view that quality of empathy, of understanding and identifying with people’s hopes and struggles as an essential ingredient for arriving as just decisions and outcomes. I will seek somebody who is dedicated to the rule of law, who honors our constitutional traditions, who respects the integrity of the judicial process and the appropriate limits of the judicial role. I will seek somebody who shares my respect for constitutional values on which this nation was founded, and who brings a thoughtful understanding of how to apply them in our time.

As I make this decision, I intend to consult with members of both parties across the political spectrum. And it is my hope that we can swear in our new Supreme Court Justice in time for him or her to be seated by the first Monday in October when the Court’s new term begins.

Justice Souter announces retirement

May 1, 2009

Justice Souter announces retirement
barry re: Justice Souter’s decision to retire
Court responds to Justice Souter’s decision

Supreme Court Justice David Souter formally announced his retirement today to begin at summer recess - June - by calling and sending barry a letter. barry then rushed t

o Gibbs' daycare -- adoration at all costs -- even better when there's a legitimate reason and gave a mini staged to look spontaneous press conference

This is the judge I couldn't get a bead on. He looks in pain here. Judge Ginsburg was right when she made her proclamation a few months back. He looks like he uses a fountain pen.

Supreme Court Justice David Souter is "a judge's judge," says a former Souter law clerk.

Justice David H. Souter, 69 ( CNN)

Dear Mr. President:

When the Supreme Court rises for the summer recess this year, I intend to retire from regular active service as a Justice, under the provisions of 28 US.C. (section) 371(b)(1), having attained the age and met the service requirements of subsection(c) of that section. I mean to continue to render substantial judicial service as an Associate Justice.

justice-souter-resignation

Friday, February 6, 2009

body language: barry, biden and the Supreme Court Justices

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February 6, 2009

I see I never posted this. It says a great, great deal. Now that I think of it I forgot to post the presidents in the Oval Office. That was extremely revealing.

On 1-14, barry and biden met behind closed doors with the Supremes. Missing was Justice Alito, which was no coincidence. Their meeting is discussed here. I just want to talk about the body language, which is remarkable.

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(Photo) barry, Justices John Roberts, John Stevens, Clarence Thomas, Ruth Bader Ginsburg, David Souter, Joe Biden

First off, the Justices do not seem grouped by political views. What is important is that there are five - what was needed to make the decision. barry and biden are holding on to the chairs like they have taken over - barry asserting his dominance by leaning over the chair with his two forearms. He is affable, but is embracing himself - separating himself from the group in a dominant way - he doesn't need any of them. I don't know whose chair that is but I would not be surprised if it was the Chief Justice's.

Biden is an excellent subject to watch. There is never any doubt what he is thinking or feeling - even before he says it. He must have spent a lot of time cleaning blackboards as a kid. It's what makes barry the most angry because he can't mask Biden like he tries to mask himself. Watch barry's reaction when Biden makes the joke about Justice Roberts' memory. You'll see a great deal of unmasking in barry's face: anger, embarrassment, bewilderment and ruined birthday party. Whatever happened in this room barry owes Justice Roberts and that is why he was so angry - because Biden should have known better.

Biden has claimed his spot - to the left and across the table from barry, facing him at an angle. His hands are placed modestly on the chair but they are at the peak of the chair. He knows his place and has a firm grasp on it and is not about to let it go. His dominant hand is covered by his non dominant one. It is a subtle sign that he is trying to cover something up but he knows that's what he needs to do to keep his position. The two of them are laughing and smiling at each other like we've got them now - we're set. There is a distinct look of conspiracy - one they have had for a while - one they knew they were going to win. They have the judges flanked - literally boxed into the corner. Biden has his back to the dissenters - to his right and behind him. He doesn't need them anymore. He has the Chief and the Senior Member in his and barry's circle. It's enough.

This is all quite fascinating really.

Now look at Chief Justice Roberts. He is to barry's immediate left, very close, and just slightly behind him. Barry is leaning forward to make sure of his dominance, while appearing to be relaxed. Roberts is standing erect, asserting his dominance in his environment. His hands in front of him and away from his body, showing that if challenged, he would be able to stand his ground. He usually commands the room, but today he had been inched over and is a close second. He also is smiling, fully engaged and complicit on an equal basis. He has made his decision but is still unsure. (May explain the oath - that was not in any way simple mistake.)

Next comes Justice Stevens. I don't know anything about seniority but I would guess he is the most senior. He is comfortable in the space that he has been respectfully afforded. He is the most relaxed, amused in a bystander type of way, having seen it all. He is leaning barry's way and has not completely closed himself off from the others - though he is in front of them. No one is a threat to him - nor does anyone find him threatening. He is the most intelligent person in the room, is curious, well-mannered and a very good listener. He's drawn himself in toward Biden. No matter his views - my guess is he allows the most latitude. I would pick him to present my case to and I would make sure I was impeccably dressed and respectful but not deferential. His (great) grandchildren probably adore him.

I don't know how the mechanics work, but I would guess he is the most hands on in actually writing his decisions. Here he has his left hand in his pants pocket but the jacket is still modestly buttoned. A sort of subtle collegial upper hand. Hands in the pockets is a distinct behavior of men of that generation. The elder Bush did the same but he had both hands in his pockets - very different.

Justice Thomas has made the loudest statement. He wants none of it. He is furthest away, and although boxed in, he is the focal point of the picture. The decision rested on him. Biden finds him threatening - he has his back turned directly at Thomas, who is directly in line with barry and looking right at him, waiting to take him on. This particular argument is not over. I bet Thomas holds a mean grudge. barry is protecting himself from Thomas with his right hand higher up on his arm. I wish I could see Thomas' face better - but more importantly his hands. I wouldn't be surprised if they were fisted. He is pretending to smile but is not looking at the one telling the joke. My guess that he never took his eyes off barry and barry didn't look at him.

Justice Ginsberg is extremely physically weakened - her abdomen looks swollen and it looks she is trying hard to stay upright. She is holding her own as far as her position in the group - she is in the center by choice - but has pulled into herself in pain. She doesn't even appear to be part of the proceedings - she is there because she is fulfilling a duty and knows her importance as a woman. Her face is a grimace and she is holding herself very rigid, tightly gripping her hands. When I first saw her, I saw pain, sorrow and impatience. I now know she has pancreatic cancer, which is very painful, and explains everything.

Justice Souter I know nothing about - well I don't know any of them - but he doesn't send off much of anything. Did someone put in a word for him or was he an alternative to someone? I see him as someone who can float but once he decides he is firm in his position. He was probably a loner as a kid and I would hazard a guess he doesn't have strong people skills or a wide range of emotion - like a Quaker or Puritan type. I wonder if he has ever been married.

He has taken a spot and is rooted in it - his arms crossed in front of him - left hand not completely tucked in. I sense this is a normal way of standing for him - more self-protection than defensive. He's looking down when a joke is being told - laughing despite himself and at odds with his posture. I sense he likes Biden and could easily be persuaded by him. I wouldn't be surprised if he had a damp ineffectual handshake to a woman.

Most interesting is the fact that the other Justices are not in the picture. There is no way to conjecture why. What is clear is they chose not to be in the picture. It would have been interesting to see them in the flesh because I've only ever seen their names on dockets.

After this meeting, barry's mood lightened - I noticed it before I was aware of the meeting. At the time, there were two cases before the Court (Lightfoot v Bowen and Berg v Obama/Biden), so the meeting was completely inappropriate and not at all required. Bush had not done it and Clinton and Gore reportedly made a production out of it, which I can't imagine barry wouldn't want to top.

There's one thing that I have been wondering for months. Mr Bill said in his anger and frustration that after the Inauguration he would sit down and tell what was really going on. I have to wonder if that was why Hillary was picked for Secretary of State - we know courtesy of Dr Biden that she was ever considered for either initially.