Sonia Sotomayor Hearings Day 2 (Hour 1)

Tuesday, July 14, 2009

The Sonia Sotomayor nomination hearings kick off today at 10am with questioning from members of the Senate Judiciary Committee. Hear live coverage, along with analysis and updates from inside the hearings. Guests include: Jami Floyd, host of "Best Defense" on In Session and part of the Clinton White house; Burt Neuborne, legal director at the Brennan Center for Justice at NYU; Erica Gonzalez, opinion page editor for El Diario-La Prensa, who is at the hearings; and Todd Zwillich, Takeaway Washington Correspondent. What's your take on the hearings? Post your real-time reactions below!


Jami Floyd, Erica Gonzalez, Burt Neuborne and Todd Zwillich

Comments [27]

Grad STudent at McGill from Montreal

Leegin teaches the lower courts, that the old "Per Se" rule which presumes unreasonableness and thus illegaility of a practice like RPM is no longer to be judge as if it were patent "Price Fixing"...

While not going all the way to the "Rule of Reason" it gives lower courts no real reliable standard at all. This kind of stuff drives Scalia bonkers because it essentially says that the judge can make up the standard.

Jul. 14 2009 11:55 AM
Grad STudent at McGill from Montreal

June 28, 2007 the SCOTUS overturned Dr. Miles.

The case is called Leegin Creative Leather

Jul. 14 2009 11:51 AM
kevin from Chelsea

Dear Grad in Mcgill,

What was the reasoning the court gave for over- turning a century of precedent?

Thanking you in advance,

Curious Kev

Jul. 14 2009 11:43 AM
Grad in McGill who is an admitted atty in NY from montreal

Why isn't anyone here interested in the Retail Price Maintenance case. Doctor Miles had been a century old precedent before this anti antitrust Court chose to blithely dismiss Doctor Miles.

Jul. 14 2009 11:34 AM
Andy Roberts from Long Island

Isn't Senator Jeff Sessions the same Jeff Sessions whose appointment by Ronald Regan as a Federal District Judge was rejected by the Senate Judiciary Committee in 1986? There are clippings of news articles online at:

Fascinating how a man the Senate then doubted had the ability to be an impartial judge is now in this position of power, attacking the current nominee.

Jul. 14 2009 11:32 AM
Grad in McGill who is an admitted atty in NY from montreal

JOHN you obviously can see i have an "N" key malfunction... you seem like a racist defender.... All people are allowed to have an atty. Defense of racists is allowed. Just don't make silly arguments because it does not do a good job in convincing others that Sessions is NOT a racist

Jul. 14 2009 11:30 AM
hjs from 11211

we always talk about the SCOTUS nominee's stand on culture wars issues but the court's bigger impact is on business issues yet no one (in the media, even NPR/WNYC) ever talks about those issues and the court.

Jul. 14 2009 11:26 AM
john from office

I agree that Latinos can be racist too. I see a very white latina woman being confirmed, or does a spanish name make you non white?

Jul. 14 2009 11:25 AM
john from office

Grad, speak english

Jul. 14 2009 11:22 AM
John W. Lowell from NYC

For the record, the Founders did not stipulate how may justices sat on the Supreme Court; they only referenced having a Chief Justice. And at times the court has been less than 9... and more than 9.

Jul. 14 2009 11:21 AM
Grad in McGill who is an admitted atty in NY from montreal

Founders did NOT call for 9 Justices!

The founders let the Congress decide.

Jul. 14 2009 11:20 AM
Grad in McGill who is an admitted atty in NY from montreal

John, any no racist who hears that sessions consistently call black me boy can only reach one conclusion...

Jul. 14 2009 11:17 AM
kevin from Chelsea

My old neighborhood was Black, Puerto Rican,Dominican and Cubano. I was periodically alarmed at how unabashedly prejudice my latino friends would expose expose themselves to be.

My limited anecdotal experience with lower income Latinos is that they can be more racist [and classist] than whites against blacks and darker skinned Latinos. Even the poltically left leaning Latinos were very conservative on social issues.

My left obsessed fellow listeners should be careful what the wish for.

Her voting record does not make my liberal heart sing.

Jul. 14 2009 11:16 AM
A.H. Scott from New York

Senator Jeff Sessions, pay attention!!! She's answering ALL of the questions that you have asked her. And, yet still, you act as if she isn't listening to your questions. Maybe it's hard to hear what she has to say, because of the white cotton sheet covering your head.

Jul. 14 2009 11:15 AM
john from office

Brian, make sure you call sessions a racist again and again, lets not be too biased. While I support this candidate, I object to the very one sided coverage and comments. Snicker again and again on the white male issue. You wonder why "white Males' may have an issue here.

Jul. 14 2009 11:14 AM
Grad in McGill who is an admitted atty in NY from montreal

Wow! A old chestnut not on Constitutional Law but anti-trust. The SCOTUS overturned Doctor Miles which had held that RPM (Retail Price Maintenance) whereby a manufacturer forces the retailer to sell at a price determined by the manufacturer. For example, Apple Computer may say that IPods be sold at 299 only. Under the DOctor Miles rule, Apple could not set the price of IPods sold by third parties. Now with the SCOTUS overturning Docter Mile, Apple has free rein.

Jul. 14 2009 11:10 AM
Shelton from Jersey City

What if we could move all the title 9, civil rights era legislation, affirmative action etc. initiatives to the legislative branch in the form of a big pot of dough. The dough would be spent to equalize the education and thus performance among ethnic groups. The judiciary would continue treating people as individuals.

The stress placed on the judiciary in the form of our desired outcomes puts Sotomayor (and others) in an unfair quandary.

OK, I'm not a lawyer (obviously!).

Jul. 14 2009 11:07 AM
Grad in McGill who is an admitted atty in NY from montreal

I must disagree withBrin Lehrerthat it ws interesting tht Adarand relted to the fireman case. Grubbs v. Duke Power started the entire issue of employment tsts.,

Jul. 14 2009 11:03 AM

if we are really going here then at least lets review accused racist session's questions re other black, female and jewish judges in the past, supreme court and otherwise.

Jul. 14 2009 10:51 AM
Grad in McGill who is an admitted atty in NY from montreal

The RICCI case is not an affirmative action. Sessions was a judge. By bringing in the Supreme Court ADARAND case which is an affirm action case, Sessions reveals to all lawyers that he is either an imcompetent lawyer or performing RACIST RACE BAITING. Make your own guess. Sessions' own history as a racist anti-black judge who couldn't get confirm by the Senate should be informative

Jul. 14 2009 10:47 AM
James from Brooklyn

Re: The New Haven Firefighters' case

Why doesn't Sotomayor point out that 4 of the 9 SUPREME COURT judges also agreed with her? Thus, reasonable people could clearly disagree on this case.

Jul. 14 2009 10:41 AM
JT from NYC

This is a joke and a waste of time. Her record and actions clearly show she is capable of being impartial when ajudicating. This character is just trying to get air time; unfortanetly for us listening.

Jul. 14 2009 10:40 AM
hjs from 11211

the GOP might make a better case if known racist (sessions) wasn't their spokesperson
PS I would rather just hear the hightlights

Jul. 14 2009 10:30 AM
Brian from Manhattan

Brian come back! These two are just going around in circles. How many times can you re-frame the same question?

Jul. 14 2009 10:27 AM
Ayatollah K'Cheney

What cojones! Yet inadequate.Gotta go with Huckleberry Hound on this one: Trust The White Guy.

Jul. 14 2009 10:24 AM
Darius from Prospect Heights

Sessions' "comments" and suggestions to push "objectivity" distract from the fact that the experiences (or lack thereof) of white male justices allowed slavery, Jim Crow, voter exclusion, gender discrimination, and separate but equal.

Jul. 14 2009 10:17 AM
Hector from Sunset Park

She is so well spoken and intelligent, with her experience and educational background in addition her unique American experience, makes her ideal for the position of Chief Justice !!

The present Chief Justice Roberts, has not lived up to all the responsibility of that position, quite dismally !

Jul. 14 2009 10:04 AM

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