Re: Obama Nominates Sotomayor to SCOTUS
 

[quote=FRPLG;560439]I don't have time to educate myself on the case this morning...did she argue it was a states rights type issue and get overturned?[/quote]

The crust of her [URL="http://otd.oyez.org/cases/2005/merrill-lynch-pierce-fenner-smith-inc-v-dabit-shadi-03212006"]argument[/URL] was that people should be able to sue under state law. She (they really) also asked the Supreme Court for clarification. You can find the legal grounds for the [URL="http://bulk.resource.org/courts.gov/c/F3/395/395.F3d.25.03-7458.03-7499.html"]opinion here[/URL].



[quote]
Dabit filed a "breach of fiduciary duty" claim under Oklahoma state law in the U.S. District Court for the Western District of Oklahoma under "diversity grounds" because the parties in the case were from different states. His complaint was moved to the U.S. District Court for the Southern District of New York where more than 120 additional cases against Merrill Lynch were consolidated.

In the suit, Dabit claimed that Merrill Lynch's practices caused certain stocks to trade at "artificially inflated" prices through the use of deceptive devices alleged to be the "hallmarks of stock manipulation."


Section 10(b) of the federal Securities Exchange Act makes it unlawful for any person to use deceptive or manipulative devices "in the connection or sale of any security." Because of a perceived flood of frivolous lawsuits regarding security fraud through state courts, Congress enacted the Securities Litigation Uniform Standards Act (SLUSA) in 1998, which provides that people must file suits charging securities fraud in federal court where there are [I]stringent[/I], uniform standards.


[B]SLUSA states that any class action lawsuit based on state or local law alleging fraud "in connection with the purchase or sale" or of a stock must be governed by federal law.[/B]


...


Judge Sonia Sotomayor [in agreement with her colleagues], wrote that SLUSA should be interpreted very narrowly to apply to only purchasers and sellers.


"We see no clear indication either in the text or the legislative history of SLUSA of a congressional intent to abolish nonpurchaser and nonseller state class action claims," wrote Sotomayer.


[B]Sotomayer seemed to ask for definition of the "in connection with" phrase from the U.S. Supreme Court, writing that the high court has "not yet interpreted this phrase in the context of SLUSA."[/B]
[/quote]

Re: Obama Nominates Sotomayor to SCOTUS
 

My problem with her is I know she is a liberal and thats how she will come down on the issues.

Re: Obama Nominates Sotomayor to SCOTUS
 

[quote=firstdown;560471]My problem with her is I know she is a liberal and thats how she will come down on the issues.[/quote]

She's replacing a liberal...why care? He isn't going to nominate a conservative. We elected him and this is what he gets to do...just like Bush got to nominate Roberts and Alito.

Re: Obama Nominates Sotomayor to SCOTUS
 

[quote=FRPLG;560477]She's replacing a liberal...why care? He isn't going to nominate a conservative. We elected him and this is what he gets to do...just like Bush got to nominate Roberts and Alito.[/quote]
Well da, and the left bitched about those. Doesn't mean I have to like it. You were suppose to ask me how I knew she was a liberal.

Re: Obama Nominates Sotomayor to SCOTUS
 

[quote=Slingin Sammy 33;560332]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?

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


Not sure how CNN got this information, but [URL="http://www.factcheck.org/askfactcheck/what_percentage_of_sonia_sotomayors_opinions_have.html"]FactCheck.org[/URL] 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.

Re: Obama Nominates Sotomayor to SCOTUS
 

[quote=Beemnseven;560490]Not sure how CNN got this information, but [URL="http://www.factcheck.org/askfactcheck/what_percentage_of_sonia_sotomayors_opinions_have.html"]FactCheck.org[/URL] 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.[/quote]
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.

Re: Obama Nominates Sotomayor to SCOTUS
 

[quote=FRPLG;559996]I think this infers the opinions of those in the majority are wrong simply because they are in the majority. I'll stand corrected if that's not what was meant.

She did more than just express her unique background. She held it like a flag of honor and basically said it provided her higher qualifications than people of differing backgrounds.

All-in-all none of this matters but I am just amused at how this discussion has gone. She's going to be appointed, she'll be fine as a judge, it doesn't shift the balance of the court. It's why he went this direction with this pick...because those predisposed to fight it will be less inclined to really go hard to the mat since it doesn't matter all that much in the political scheme. Now when one of the 5 conservative leaning judges kicks it he'll go more moderate knowing that the Pubs will fight to the death over it.

Is she liberal? Yeah. What did everyone expect him to do? This is the guy we elected. He gets his shot now.[/quote]

I wouldn't be so fast to label her as liberal. Besides these titles are old and worn out anyway. But for someone who has sat on panels and voted with her Republican colleagues 95% of the time, has ruled against funding abortion overseas (hardly a liberal position and counter to that of the President's position on the same issue), I would definitely say she's moderate. Probably left of center or on some days [I]right [/I]of center.

Re: Obama Nominates Sotomayor to SCOTUS
 

[quote=12thMan;560734]I wouldn't be so fast to label her as liberal. Besides these titles are old and worn out anyway. But for someone who has sat on panels and voted with her Republican colleagues 95% of the time, has ruled against funding abortion overseas (hardly a liberal position and counter to that of the President's position on the same issue), I would definitely say she's moderate. Probably left of center or on some days [I]right [/I]of center.[/quote]

I know for a fact that she is liberal because she has messy hair.

Re: Obama Nominates Sotomayor to SCOTUS
 

[quote=firstdown;560742]I know for a fact that she is liberal because she has messy hair.[/quote]

You know on second thought, I think the Prez should rescind his offer.

Re: Obama Nominates Sotomayor to SCOTUS
 

[quote=FRPLG;560477]She's replacing a liberal...why care? He isn't going to nominate a conservative. We elected him and this is what he gets to do...just like Bush got to nominate Roberts and Alito.[/quote]

The Senate must perform it's advise and consent duty. After all we don't live in a dictatorship. Just ask Robert Bork.

My only hope for this nomination process is that it might dawn on somebody that an organization called "The National Council of The Race", might have some views that are at odds with American values. But then I'm probably hoping beyond hope.

Re: Obama Nominates Sotomayor to SCOTUS
 

[url=http://www.foxnews.com/story/0,2933,529409,00.html]Court Rules for White Firefighters in Discrimination Case - Local News | News Articles | National News | US News - FOXNews.com[/url]
WASHINGTON — The Supreme Court ruled Monday that a group of white firefighters in Connecticut were unfairly denied promotions because of their race, reversing a decision endorsed by high court nominee Sonia Sotomayor.

Not sure if this will change anything.

Re: Obama Nominates Sotomayor to SCOTUS
 

why would it?

Re: Obama Nominates Sotomayor to SCOTUS
 

[quote=FRPLG;565090]why would it?[/quote]

Well it can call into question her interpretation of law and this is the same court she is nominated that has struck down a hand full of her rulings.

Re: Obama Nominates Sotomayor to SCOTUS
 

I don't see aything wrong with Sotomayor's statement, "I would hope that a wise Latina woman with the richness of her experiences would more often than not reach a better conclusion than a white male who hasn't lived that life." I agree with her completely.

Re: Obama Nominates Sotomayor to SCOTUS
 

[quote=JLee9718;565111]I don't see aything wrong with Sotomayor's statement, "I would hope that a wise Latina woman with the richness of her experiences would more often than not reach a better conclusion than a white male who hasn't lived that life." I agree with her completely.[/quote]

Well couldn't you say that a white males would reach a better conclusion than a latino female who hasn't lived that life style?

Re: Obama Nominates Sotomayor to SCOTUS
 

she did what a judge is supposed to do, follow precedent

Re: Obama Nominates Sotomayor to SCOTUS
 

[quote=dmek25;565145]she did what a judge is supposed to do, follow precedent[/quote]
Maybe thats all she ever did was open a book look up prior cases and then just rule like them. Heck, I could do that.

Re: Obama Nominates Sotomayor to SCOTUS
 

[quote=FRPLG;565090]why would it?[/quote]

Indeed. No reason why it would. The case had already been flagged as one that Republicans were expected to challenge her on during her confirmation hearings anyway, and a 5-4 decision overruling the opinion (one she joined but did not write) doesn't exactly give the Republicans an "ah-ha!" moment.

Re: Obama Nominates Sotomayor to SCOTUS
 

[quote=dmek25;565145]she did what a judge is supposed to do, follow precedent[/quote]

Slavery was precedent too.

Re: Obama Nominates Sotomayor to SCOTUS
 

I'm waiting for firstdown to write Roosevelt was Precedent too :)

Re: Obama Nominates Sotomayor to SCOTUS
 

[quote=JLee9718;565111]I don't see aything wrong with Sotomayor's statement, "I would hope that a wise Latina woman with the richness of her experiences would more often than not reach a better conclusion than a white male who hasn't lived that life." I agree with her completely.[/quote]

Turn that statement around and it's racist. I hate limbaugh and the rest of those clowns, but there is a double standard when it comes to this kind of thing. When a minority says something of this nature, it's just "pride," when it's a white guy, it's racist. It's all so damn boring. Wish we could all get past it.

Re: Obama Nominates Sotomayor to SCOTUS
 

[quote=SmootSmack;565163]I'm waiting for firstdown to write Roosevelt was Precedent too :)[/quote]

That's good stuff.

Re: Obama Nominates Sotomayor to SCOTUS
 

Here's what will be interesting to me... When the democrats were the minority and the last two Supreme Court spots opened up, they voted along party lines with John Roberts receiving a 78-22 vote, and Samuel Alito managing just a 58-42 vote.

Even though Republicans disagreed with the philosophy of both Ruth Bader Ginsburg, who got a 96-3 vote, and Stephen Breyer who garnered an 87-9 vote, they understood that both nominees were qualified and voted accordingly.

I wonder if the Republicans will return the favor this year, and play hardball just like the democrats have? Or will they vote for Sotomayor even though they differ with her judicial views?

Re: Obama Nominates Sotomayor to SCOTUS
 

[quote=Beemnseven;565183]Here's what will be interesting to me... When the democrats were the minority and the last two Supreme Court spots opened up, they voted along party lines with John Roberts receiving a 78-22 vote, and Samuel Alito managing just a 58-42 vote.

Even though Republicans disagreed with the philosophy of both Ruth Bader Ginsburg, who got a 96-3 vote, and Stephen Breyer who garnered an 87-9 vote, they understood that both nominees were qualified and voted accordingly.

[B]I wonder if the Republicans will return the favor this year, and play hardball just like the democrats have? Or will they vote for Sotomayor even though they differ with her judicial views[/B]?[/quote]

Will it make a difference if they play "hardball," as you say the Democrats did? Roberts and Alito were nominated while Republicans had a Senate majority, and Sotomayor will face a Democratic-majority Senate. Republican "hardball" will still undoubtedly not be enough to block a confirmation, especially if Sotomayor garners Republican votes as both Roberts and Alito garnered Democratic votes.

By the way, I'm pretty sure Scalia was confirmed by a vote of 98-0.

Re: Obama Nominates Sotomayor to SCOTUS
 

Deleted my post