Obama Nominates Sotomayor to SCOTUS

[saden1]

A little research goes a long way. Sotomayor is good to go.

[Slingin Sammy 33]

Originally Posted by saden1

A little research goes a long way. Sotomayor is good to go.

Curious which case MM is not considering based on the list below from CNN. I'm assuming they're not including Ricci. Also which is the second upheld case?

Cases Reviewed by the Supreme Court
• Ricci v. DeStefano 530 F.3d 87 (2008) -- decision pending as of 5/26/2009
• Riverkeeper, Inc. vs. EPA, 475 F.3d 83 (2007) -- reversed 6-3 (Dissenting: Stevens, Souter, Ginsburg)
• Knight vs. Commissioner, 467 F.3d 149 (2006) -- upheld, but reasoning was unanimously faulted
• Dabit vs. Merrill Lynch, 395 F.3d 25 (2005) -- reversed 8-0
• Empire Healthchoice Assurance, Inc. vs. McVeigh, 396 F.3d 136 (2005) -- reversed 5-4 (Dissenting: Breyer, Kennedy, Souter, Alito)
• Malesko v. Correctional Services Corp., 299 F.3d 374 (2000) -- reversed 5-4 (Dissenting: Stevens, Souter, Ginsburg, Breyer)
• Tasini vs. New York Times, et al, 972 F. Supp. 804 (1997) -- reversed 7-2 (Dissenting: Stevens, Breyer)

[saden1]

Originally Posted by Slingin Sammy 33

Curious which case MM is not considering based on the list below from CNN. I'm assuming they're not including Ricci. Also which is the second upheld case?

Cases Reviewed by the Supreme Court
• Ricci v. DeStefano 530 F.3d 87 (2008) -- decision pending as of 5/26/2009
• Riverkeeper, Inc. vs. EPA, 475 F.3d 83 (2007) -- reversed 6-3 (Dissenting: Stevens, Souter, Ginsburg)
• Knight vs. Commissioner, 467 F.3d 149 (2006) -- upheld, but reasoning was unanimously faulted
• Dabit vs. Merrill Lynch, 395 F.3d 25 (2005) -- reversed 8-0
• Empire Healthchoice Assurance, Inc. vs. McVeigh, 396 F.3d 136 (2005) -- reversed 5-4 (Dissenting: Breyer, Kennedy, Souter, Alito)
• Malesko v. Correctional Services Corp., 299 F.3d 374 (2000) -- reversed 5-4 (Dissenting: Stevens, Souter, Ginsburg, Breyer)
• Tasini vs. New York Times, et al, 972 F. Supp. 804 (1997) -- reversed 7-2 (Dissenting: Stevens, Breyer)

60% reversal rate is not from MM but rather the ultra conservative Washington Times and one of the perpetrators of the "reversal rate should be a concern" talking point. They don't even cite where they come up with that number (no surprise there) and MM is simply pointing out the reversal rate of the high courts over the last 5 years. Honestly though, one doesn't need to do much research to formulate a rough estimate of high court reversal rate of lower court decisions.

[70Chip]

Originally Posted by saden1

60% reversal rate is not from MM but rather the ultra conservative Washington Times and one of the perpetrators of the "reversal rate should be a concern" talking point. They don't even cite where they come up with that number (no surprise there) and MM is simply pointing out the reversal rate of the high courts over the last 5 years. Honestly though, one doesn't need to do much research to formulate a rough estimate of high court reversal rate of lower court decisions.

The one that is of concern is the one that says "reason unanimously faulted". Everyone knows that judges make decisions based on their biases, but the good ones find a legal argument to back it up. She doesn't seem to think that's necessary.

[FRPLG]

Originally Posted by 70Chip

The one that is of concern is the one that says "reason unanimously faulted". Everyone knows that judges make decisions based on their biases, but the good ones find a legal argument to back it up. She doesn't seem to think that's necessary.

No because she has a richness of heritage and diversity that provides her magical wisdom unencumbered by silly legal reasoning.

[saden1]

Originally Posted by 70Chip

The one that is of concern is the one that says "reason unanimously faulted". Everyone knows that judges make decisions based on their biases, but the good ones find a legal argument to back it up. She doesn't seem to think that's necessary.

I have stated just as much. The irony is, of course, that those who advocate for state rights have forgone such sentiments with respect to Sotomyors ruling in Dabit vs. Merrill Lynch because it does not suite their current desire to justify her deficiency as a Supreme Court candidate.

In times of war one must be willing to use the ammunition of the enemy and fire at will!

[Beemnseven]

Originally Posted by Slingin Sammy 33

Curious which case MM is not considering based on the list below from CNN. I'm assuming they're not including Ricci. Also which is the second upheld case?

Cases Reviewed by the Supreme Court
• Ricci v. DeStefano 530 F.3d 87 (2008) -- decision pending as of 5/26/2009
• Riverkeeper, Inc. vs. EPA, 475 F.3d 83 (2007) -- reversed 6-3 (Dissenting: Stevens, Souter, Ginsburg)
• Knight vs. Commissioner, 467 F.3d 149 (2006) -- upheld, but reasoning was unanimously faulted
• Dabit vs. Merrill Lynch, 395 F.3d 25 (2005) -- reversed 8-0
• Empire Healthchoice Assurance, Inc. vs. McVeigh, 396 F.3d 136 (2005) -- reversed 5-4 (Dissenting: Breyer, Kennedy, Souter, Alito)
• Malesko v. Correctional Services Corp., 299 F.3d 374 (2000) -- reversed 5-4 (Dissenting: Stevens, Souter, Ginsburg, Breyer)
• Tasini vs. New York Times, et al, 972 F. Supp. 804 (1997) -- reversed 7-2 (Dissenting: Stevens, Breyer)

Not sure how CNN got this information, but FactCheck.org says that she has been overturned just three times by the Supreme Court. Three of her appellate opinions have been overturned, which is 1.3 percent of all that she has written and 60 percent of those reviewed by the Supreme Court.

Normally, the Supreme Court reverses a higher percentage of the cases it hears.

[firstdown]

Originally Posted by Beemnseven

Not sure how CNN got this information, but FactCheck.org says that she has been overturned just three times by the Supreme Court. Three of her appellate opinions have been overturned, which is 1.3 percent of all that she has written and 60 percent of those reviewed by the Supreme Court.

Normally, the Supreme Court reverses a higher percentage of the cases it hears.

I heard she has had 5 or 6 cases go to the SC and either 2 or 3 over turned and one is still pending.