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June 03, 2009

Reid: Not Going to Look at A Single Judge Sotomayor Opinion

He doesn't think that's just a little bit of a dereliction of duty?

"I understand that during her career, she's written hundreds and hundreds of opinions. I haven't read a single one of them, and if I'm fortunate before we end this, I won't have to read one of them, the majority leader told reporters at the Capitol on Tuesday.

Lazy. But, really, do we expect him to do anything other than fully support whatever the President does?

Some cases that Reid (and the rest of the Senate) should at least take a look at:

Obviously, Ricci v. DeStefano is at the top of the list.

Didden v. Village of Port Chester in which Judge Sotomayor agreed that the Village of Port Chester could condemned a property when the owners refused to pay $800,000 to the city's designated developer for the area. In Didden the city's developer gave Didden, who wanted to build a CVS pharmacy, an ultimatum: (1) pay $800,000 or 50% of the proceeds of their project for the right to proceed with the construction of a CVS on their land or (2) the city will seize the property through eminent domain and transfer it to the developer.

(This is a good one on the "empathy" question, since she showed no empathy toward the property owner or understaning of the importance of property rights in a democracy. Also, it's an execellent example showing how fair-weather President Obama is. He claimed to rule against then-Judge Roberts because, in his view, Roberts sides with "established power structures" against the little guy. In Didden, Sotomayor sided with the city and its chosen developer against the little property owners.)

Maloney v. Cuomo, a Second Amendment case in which Judge Sotomayor disingenuously sidestepped the central question: is there a fundamental right to bear arms? She assumed not, even after Heller and gave that question no discussion at all in the opinion. If this is the extent of her keen judicial reasoning or special Latina wisdom, she most certainly is not fit for the Supreme Court.

More to come...


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posted by Gabriel Malor at 02:57 PM

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