C.L.I.C.K. for Justice and Equality is an agent of communication alerting our social community of injustices and inequalities among the socially disadvantaged and disenfranchised individual. C.L.I.C.K. developed and created this website to assist the socially disenfranchised or disadvantaged individual in litigating their issues in Federal and State courts.

Saturday, May 30, 2009

Gates: Tougher sanctions against NKorea needed - Yahoo! News

Gates: Tougher sanctions against NKorea needed - Yahoo! News: "The U.S. defense chief urged Asian allies Saturday to consider tougher sanctions against North Korea, noting that past efforts to cajole the reclusive regime into scrapping its nuclear weapons program have only emboldened it."

Friday, May 29, 2009

Race questions over New York 'cop-on-cop' shooting of Omar J. Edwards - Times Online

Race questions over New York 'cop-on-cop' shooting of Omar J. Edwards - Times Online: "Omar J. Edwards, 25, was returning to his car after a shift at Harlem police station when he saw a stranger rummaging in his car. As he tried to apprehend the suspect, he was shot at six times by a colleague.
Civil rights leaders today condemned the latest incident of a black officer being killed by a white policeman."

US officials: North Korea may launch new missiles - Yahoo! News

US officials: North Korea may launch new missiles - Yahoo! News: "North Korea on Friday vowed to retaliate if punitive U.N. sanctions are imposed for its latest nuclear test, and U.S. officials said there are new signs Pyongyang may be planning more long-range missile launches. With tensions rising, the communist nation punctuated its barrage of rhetoric with yet another short-range missile launch — the sixth this week."

White House: Sotomayor says she chose word poorly - Yahoo! News

White House: Sotomayor says she chose word poorly - Yahoo! News: "In a bit damage control, the White House on Friday said Supreme Court nominee Sonia Sotomayor acknowledges she chose her words poorly by saying in 2001 that a female Hispanic judge would often reach a 'better' conclusion than a white male judge. 'I think if she had the speech to do all over again, I think she'd change that word,' presidential spokesman Robert Gibbs told reporters."

UAW members approve General Motors concessions - Yahoo! News

UAW members approve General Motors concessions - Yahoo! News: "The United Auto Workers union has ratified a package of concessions designed to reduce General Motors Corp.'s labor costs, completing a key piece of the automaker's massive restructuring effort. UAW President Ron Gettelfinger said at a news conference Friday that 74 percent of GM's 54,000 U.S. production and skilled-trade workers voted in favor of the deal."

Crain's Daily News Alert prepared for Top Executives



CHICAGOBUSINESS

— POWERED BY CRAIN'S —

Daily Business Briefing

CRAIN'S LISTS SEND LETTERS TO THE EDITOR MULTIMEDIA WEEKLY JOB CHANGES

TOP HEADLINES Friday, May 29, 2009

· City unemployment jumps to 10.6%; area rate stands at 25-year peak

· Trib, Ricketts edge toward closing Cubs sale

· Hartmarx lender opposes Emerisque purchase

· Gov't grants ShoreBank $35M in stimulus funds

· Brunswick says LeMond workout bikes are lemons

· Chicago schools settle discrimination suit

· High court turns down Daley on landmarks law

· Virgin says it isn't courting Playboy

· Black seeks freedom before high court decision

· State Senate OKs limiting campaign giving

· In brief: Dominick's Lakeview site | River North property | Warehouse lease

· 10 things to do this weekend 

· NEW! Small biz blog: Retailers double down on Web, and study says small biz lending tailed off before economy did: Enterprise City

· Burris deserves a break but ought to go: Hinz blog

· Art Institute staff takes a break after big party; stock exchange items on auction block: Taking Names blog

· Final ratings score for Hawks on Versus; plus sports radio moves: Biz of Sports blog

· Jerry West to head PGA Tour event; Golf Scene debut; Erin Hills; John Deere blog: Inside the Leather 

As of 2:30 p.m. CDT

Dow Jones

8,405.63

+1.83

+0.02%

NASDAQ

1,751.51

-0.28

-0.02%

Crain's Index

69.40

+0.170

+0.246%

» View Other Top Headlines

ADVERTISEMENT

Listen to Executives. Learn from Experts. Lead the Way. For the first time, C-level executives and academic experts are joining to chart core growth and profitability strategies based on the surging multicultural markets. Will you have a seat at a table? Register Today for the "Into the Core", June 25-26, at DePaul University & Chicago Hilton.

OTHER HEADLINES

· Southwest to allow pets (and kids) on board for a fee Dallas Morning News

· Obama setting up better security for computers Washington Post

· Slight upgrade in 1st-quarter GDP New York Times

· Obama bobbleheads can't clear customs NBC5

Crain's Chicago Business | 360 N. Michigan Ave. | Chicago, IL 60601

ADVERTISEMENT

TODAY'S FEATURES

Special Feature

Chicago Business Today - May 29

The Tribune and Ricketts family are closing in on Cubs deal. Now boarding on Southwest Airlines: small family pets. And Macy's plans to scrap the FAO Schwarz boutiques inside its stores after the Toys R Us takeover. Read More


· Check, Please! on Borrowed Earth CafĂ©

· Road to Recovery: Technology

· Entrepreneurs In Action — Groupon

Ad for Crain's

SIGN UP FOR CUSTOM ALERTS

Industries

» Account Settings


WBBM Newsradio 780 LISTEN LIVE: Traffic, weather and news from our news partner WBBM-AM.

Politics, Political News - POLITICO.com

Politics, Political News - POLITICO.com: "Dear President Obama: Sorry about that ad in our paper calling for your assassination …"

ABC7 eNews




>>> Having trouble viewing this newsletter? View as a webpage.

Top Stories

Friday, May 29, 2009


Shots fired after police chase | VIDEO
The driver of an empty school bus led police on a chase through the south suburbs Friday. The pursuit, which began in Riverdale, ended in Glenwood with gunfire, and several people were injured.

U of I: Admissions problem to be fixed | VIDEO
There are reports that some students were admitted to the University of Illinois unfairly.

Income tax hike expected to fail in House | VIDEO
State lawmakers are expected to roll up their sleeves and work on the budget Friday.

Fire rips through barn at nature center
Dozens of animals were rescued from a fire at a south suburban nature center.

Students try to set human-hand-chain record
Students at an Arlington Heights school are attempting to set a world record for the longest human hand chain to deliver food Friday morning.

MORE STORIES

Strange

School catches fire, turns up 1897 US flag

Brazen parrot steals passport

Obama bobbleheads stalled in US Customs

Orange juice emergency lands man in jail

Ex-Girl Scouts boss to repay $20K cookie cash

Consumer

Microsoft to launch new search engine

Delta changes baggage fee policy

Apple offers rebate to students/teachers

Suncreens compared in lab test

April new home sales inch upward

Healthbeat

Health insurance law takes effect June 1

Scientists find bacterial zoo thrives in our skin

Healthbeat Report: Frequent Fevers | VIDEO

Scientists find bacterial zoo thrives in our skin

Many women packing on pounds during pregnancy

MOST POPULAR

Advertisement


TODAY'S WEATHER OUTLOOK

74°F

Today's weather

50°F

Clouds and sunshine with a shower or thunderstorm; warmer


Hour-by-Hour | 7 Day Forecast | Radar & Satellite

TONIGHT ON ABC

    7:00 PM Wife Swap
    8:00 PM Un-Broke: Everything You Need to Know About Money
    9:00 PM 20/20
    10:00 PM ABC 7 News
    10:35 PM Nightline




Kan. girl wins Nat'l Spelling Bee on 4th try It's safe to say the best is yet to come for the new national spelling champion. She's only just become a teenager. She'll probably keep her competitive juices flowing by entering the International Brain Bee, the perfect contest for an aspiring neurosurgeon.

SLIDESHOW: The 2009 National Spelling Bee
SLIDESHOW: Chicago-area spellers
Scripps National Spelling Bee: Backstage 2008

Pan-Asian eateries offer taste of continent ABC7's Hungry Hound visit places with a menu spanning the entire continent.

List of Hound's Asian restaurant picks


SUBSCRIPTION OPTIONS

I'd like to receive the following newsletters from abc7chicago.com

Daily Weather | Daily News | 190 North

Sign up for news alerts

 

Electronic Village: Police Taser 15-Year Old Robert Mitchell to Death

Electronic Village: Police Taser 15-Year Old Robert Mitchell to Death: "The police chased the teenager into an abandoned house. One of the police officers enters the vacant house ... pulls out his taser ... and shoots 50,000 volts of electricity into the young boy."

China May Test North Korea Sway After Nuclear Test - Yahoo! News

China May Test North Korea Sway After Nuclear Test - Yahoo! News: "China has the ability to cripple North Korea by cutting off shipments of food, fuel, and luxury goods that Kim Jong Il doles out to loyalists. Kim’s nuclear detonation may put that leverage in play and test its impact on the leadership."

NKorea test-fires missile, slams Security Council - Yahoo! News

NKorea test-fires missile, slams Security Council - Yahoo! News: "North Korea defiantly test-fired another short-range missile Friday and warned it would act in 'self-defense' if provoked by the U.N. Security Council, which is considering tough sanctions against the communist regime for conducting a nuclear test."

Thursday, May 28, 2009

Countdown Continues: Three session days remaining - 5.28.09



 
Capitol
Illinois Alcoholism & Drug Dependence Association  
FINAL DAYS OF SESSION
Keep up the pressure!
Full funding of addiction services must be top priority!!
Quick Links
  May 28, 2009
Dear Fred,

We are now down to three days remaining until the scheduled end of the General Assembly session. There continues to be a lot of discussion around potential revenue sources to fill the budget deficit. The income tax increase is still being discussed but as of today, there is not enough support to move this forward, leaving a hole of several billion dollars.
 
Your advocacy efforts are still absolutely critical as we go into the waning hours of session. We cannot ease up on the pressure in the final 72 hours. I am asking you and your staff to continue to make phone calls, ensuring that our message-"FULL FUNDING OF ADDICTION SERVICES MUST BE A PRIORITY IN THE FINAL FY 10 BUDGET."
 
I want to thank each of you who answered the Speaker of the House's call to stand up and be visible through phone calls, emails, and faxes Wednesday. We logged almost 2000 calls in one day. We have several IADDA members and their staff working the halls of the Capitol in Springfield today and IADDA staff will continue to do the work we need to do to ensure our message stays at the forefront. I had the pleasure of having dinner with several members of the House Human Services Appropriations committee last night and they were all very supportive of our call to fully fund addiction services and are very aware of our advocacy efforts.
 
Keep up the good work. We will continue to keep you updated as things evolve in Springfield. If you have any questions please do not hesitate to contact me. 

THANK YOU for all of your hard work!!
Sincerely,
 

Sara M. Howe
CEO 
Illinois Alcoholism & Drug Dependence Association
 
 
 
Illinois Alcoholism & Drug Dependence Association | 937 South Second Street | Springfield | IL | 62704

Crain's Daily News Alert prepared for Top Executives



CHICAGOBUSINESS

— POWERED BY CRAIN'S —

Daily Business Briefing

CRAIN'S LISTS SEND LETTERS TO THE EDITOR MULTIMEDIA WEEKLY JOB CHANGES

TOP HEADLINES Thursday, May 28, 2009

· Ald. Carothers, real estate developer charged in corruption case

· Owner spat could sink sushi spot

· American moving to cashless cabin

· Zell: Speeding up foreclosures would help housing market

· Burris blames panel for his incomplete answers

· Quinn optimistic for tax-hike budget

· Sharp-eyed cop nabs Loop burglary suspect

· Retired banker Susman named Brit ambassador

· River North site facing foreclosure tries hotel plan

· CBRE restocks team with grocer's son

· Morningstar initiates target-date fund reports

· 10 things to do this weekend 

· NEW! Small biz blog: Tips for getting credit, even now: Enterprise City

· Gibsons' gimmick; Sentinel suit reads like party guide: Taking Names blog

· Hawks, Wirtz up for major awards; Big Ten Network in with heavy hitters: Biz of Sports blog

· New venture mixes public and private golf; This week in golf, the Colonial: Inside the Leather blog

· The latest job changes and appointments: People on the Move 

Final Markets

Dow Jones

8,403.80

+103.78

+1.25%

NASDAQ

1,751.79

+20.71

+1.20%

Crain's Index

69.23

+0.690

+1.007%

» View Other Top Headlines

ADVERTISEMENT

Listen to Executives. Learn from Experts. Lead the Way. For the first time, C-level executives and academic experts are joining to chart core growth and profitability strategies based on the surging multicultural markets. Will you have a seat at a table? Register Today for the "Into the Core", June 25-26, at DePaul University & Chicago Hilton.

OTHER HEADLINES

· FAO Schwarz will close in all Macy's stores in November Chicago Sun-Times

· Time Warner to spin off AOL, ending ill-fated deal Washington Post

· More homeowners facing foreclosure New York Times

· U.S. will invest another $30 billion into GM Automotive News

Crain's Chicago Business | 360 N. Michigan Ave. | Chicago, IL 60601

ADVERTISEMENT

TODAY'S FEATURES

Special Feature

Chicago Business Today - May 28

Who are the local top-paid executives? We've got their names and numbers. Also: latest report on new home sales; McD's wants to quench your thirst, and the Wirtz family donates nearly $20M to Northwestern for cancer research.Read More


· Check, Please! on Borrowed Earth CafĂ©

· Road to Recovery: Technology

· Entrepreneurs In Action — Groupon

· VIDEOS: Women to Watch 2009

Ad for Crain's

SIGN UP FOR CUSTOM ALERTS

Industries

» Account Settings


WBBM Newsradio 780 LISTEN LIVE: Traffic, weather and news from our news partner WBBM-AM.

Wash. Post , WSJ omit context of Sotomayor remarks, despite reporting WH "out of context" statement




Media Matters for America

Wash. Post, WSJ omit context of Sotomayor remarks, despite reporting WH "out of context" statement

In May 28 articles about the political "battle" over the Supreme Court nomination of Judge Sonia Sotomayor, both The Washington Post and The Wall Street Journal omitted the context for remarks Sotomayor made in 2001 about "Latina" and "white male" judges that conservatives have criticized, even though both articles included a response from the White House saying Sotomayor's comments are being taken "out of context." In addition, the Post omitted the context of comments Sotomayor made in 2005 about the role of appellate judges in making policy. As Media Matters for America has documented, the media have widely misrepresented both Sotomayor's 2001 and 2005 comments.
The Post reported that "conservatives have seized upon Sotomayor's unscripted moments to make the case that she is outside the mainstream. The two most often quoted are a statement she made about how appellate judges make policy and her observation about how being a Latina affects her role as a judge: 'I would hope that a wise Latina woman with the richness of her experience would more often than not reach a better conclusion than a white male who hasn't lived that life.' " Similarly, the Journal reported, "Conservatives are focusing on a speech Ms. Sotomayor delivered at the University of California at Berkeley law school, where she said, '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.' " Both reports included the White House's statement that the remarks are "being taken out of context," and repeated former House Speaker Newt Gingrich's (R-GA) assertion regarding Sotomayor's "wise Latina" comment that "[n]ew racism is no better than old racism." In fact, when Sotomayor made the "wise Latina" remark, she was specifically discussing the importance of judicial diversity in determining "race and sex discrimination cases."
Moreover, when Sotomayor said at a February 25, 2005, Duke University School of Law forum that the "court of appeals is where policy is made," she was responding to a student who asked the panel to contrast the experiences of a district court clerkship and a circuit court clerkship. As Media Matters has documented, numerous legal experts have stated that Sotomayor's 2005 comment was "the absolute judicial equivalent of saying the sun rises each morning" and "thoroughly uncontroversial to anyone other than a determined demagogue," in the words of Hofstra University law professor Eric Freedman. Indeed, the Oxford Companion to the Supreme Court of the United States (2005) notes that federal appellate courts do, in fact, have a "policy making" role.
In a May 27 article, The Washington Post similarly omitted the context for Sotomayor's 2001 remark, even though it included the White House's response that her comments are being taken out of context.
From the Washington Post's May 28 article:
Meanwhile, conservatives have seized upon Sotomayor's unscripted moments to make the case that she is outside the mainstream. The two most often quoted are a statement she made about how appellate judges make policy and her observation about how being a Latina affects her role as a judge: "I would hope that a wise Latina woman with the richness of her experience would more often than not reach a better conclusion than a white male who hasn't lived that life."
The White House has said the remarks are being taken out of context and reflect only the obvious point that Sotomayor's life experiences affect her outlook. Press secretary Robert Gibbs reacted sharply to a Twitter post from former House speaker Newt Gingrich that said, "Imagine a judicial nominee said 'my experience as a white man makes me better than a Latina woman' new racism is no better than old racism."
Gibbs said Americans will make up their minds about Sotomayor based on "more than just the blog of a former lawmaker" and added: "I think it is probably important for anyone involved in this debate to be exceedingly careful with the way in which they decided to describe certain aspects of this impending confirmation."
From the Wall Street Journal's May 28 article:
Conservatives are focusing on a speech Ms. Sotomayor delivered at the University of California at Berkeley law school, where she said, "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."
"Imagine a judicial nominee said 'my experience as a white man makes me better than a Latina woman.' Wouldn't they have to withdraw?" asked former House Speaker Newt Gingrich on his Web site. "New racism is no better than old racism."
White House aides said the comment was being taken out of context, and predicted it wouldn't put the nomination off course. Indeed, the White House believes the president is operating from a position of strength, and officials emphasized that a pitched confirmation fight isn't inevitable.
Contact:
The Washington Post
The Washington Post
The Washington Post
1150 15th St. NW
Washington, DC 20071

Contact:
Wall Street Journal
Wall Street Journal
WSJ Editorial Staff: wsj.ltrs@wsj.com
WSJ Feedback: wsjcontact@dowjones.com

You can help support our work; become a volunteer media monitor, or donate to Media Matters for America.
 

Trooper, Paramedic Fight Caught on Tape - News9.com - Oklahoma City, OK - News, Weather, Video and Sports |

Trooper, Paramedic Fight Caught on Tape - News9.com - Oklahoma City, OK - News, Weather, Video and Sports : "An Oklahoma Highway Patrol trooper and a paramedic were caught on tape scuffling Sunday while a patient was being taken to the hospital."

This is plain. It is excessive force and stupidity on the part of some police officers.

Ald. Carothers indicted on fraud, bribery charges - 5/28/09 - Chicago News - abc7chicago.com

Ald. Carothers indicted on fraud, bribery charges - 5/28/09 - Chicago News - abc7chicago.com: "A Chicago alderman was indicted Thursday on federal fraud and bribery charges for allegedly receiving $40,000 worth of home improvements from the developer, along with meals and tickets to sports events."

Wednesday, May 27, 2009

Media Matters Daily Summary




Media Matters for America
Here are today's news items from Media Matters for America, click on the title or 'read more' to read the entirety of each story.
Politico, Wash. Post omit context of Sotomayor remark about "Latina," "white male" judges
Discussing the politics surrounding Sonia Sotomayor's Supreme Court nomination, the Politico and The Washington Post omitted the context of her 2001 remark about "Latina" and "white male" judges. Read More
Will baselessly claims Sotomayor "embraces ... idea of categorical representation"
In his Washington Post column, George Will baselessly claimed Sonia Sotomayor "embraces identity politics," including the notion that "members of a particular category can be represented -- understood, empathized with -- only by persons of the same identity." Read More
Conservatives react to historic Supreme Court nominee by smearing Sotomayor as "racist," "bigot"
Numerous conservative media figures have misrepresented remarks Judge Sonia Sotomayor made during a speech at Berkeley in 2001 to smear her as a racist and a bigot. Read More
WSJ, USA Today advance conservatives' distortions of Sotomayor's Duke remark
The Wall Street Journal and USA Today advanced conservative efforts to portray Sonia Sotomayor as an activist judge by misrepresenting a remark she made about the difference between district and appeals court justices. Read More
Lauer falsely claims Sotomayor said appellate courts make policy rather than interpreting laws
Matt Lauer misrepresented comments made by Sonia Sotomayor about the role of appellate courts and suggested that Sotomayor was "an activist judge." Read More
Milbank joins smear campaign challenging Sotomayor's intellect
Echoing an early smear of Judge Sonia Sotomayor, The Washington Post's Dana Milbank wrote that "portraits" of Sotomayor describe her as merely "competent, but no Louis Brandeis" -- but numerous "portraits" Media Matters has identified describe Sotomayor as "highly intelligent" and even "brilliant." Read More
Fox airs on-screen graphics featuring Sotomayor's college yearbook quote of Socialist Thomas
Fox News featured on-screen graphics noting that Judge Sonia Sotomayor quoted Norman Thomas, a six-time presidential candidate for the Socialist Party of America, in her Princeton yearbook. Neither Sotomayor's yearbook page nor Thomas was discussed during the segment. Read More
Lowry distorts Sotomayor statement on whether "judges should transcend their 'personal sympathies and prejudices' "
Rich Lowry falsely claimed that Judge Sonia Sotomayor "disagreed with a colleague who thought judges should transcend their 'personal sympathies and prejudices.' " In fact, in the speech Lowry referenced, Sotomayor made clear that she "agree[d]" with the sentiment that judges should seek to "transcend their personal sympathies and sentiments" whenever possible. Read More
Fox's Bream falsely suggests Sotomayor ruling in firefighters case outside the mainstream
Shannon Bream echoed a conservative talking point by falsely suggesting that Sonia Sotomayor's position in Ricci v. DeStefano indicates that she is outside the mainstream of the current court. Read More
Media cite "policy" comment in falsely accusing Sotomayor of "judicial activism"
Several media outlets and figures have advanced the falsehood that Sonia Sotomayor's statement that the "court of appeals is where policy is made" means that she believes in "judicial activism." In fact, numerous legal experts have stated that her comment was accurate and uncontroversial. Read More
Wash. Times, CQ uncritically report criticism that Sotomayor's Supreme Court reversal rate is "high"
The Washington Times and CQ Today advanced without challenge the charge that Judge Sonia Sotomayor's reversals, which the Times reported as three of five cases, or 60 percent, are "high." But the Supreme Court has reversed more than 60 percent of the federal appeals court cases it considered each year since 2004. Read More
Some media reject claims that Sotomayor is a liberal activist
Conservative media figures have been quick to describe Sonia Sotomayor as, in Sean Hannity's words, "left-wing" and an "activist." Several media figures and legal experts reject this characterization, describing her as a "political centrist." Read More
Media, others dredge up discredited smear piece in reporting on Sotomayor nomination
Numerous media figures have cited anonymous smears of Sonia Sotomayor's intellect and temperament reported by The New Republic's Jeffrey Rosen, though Rosen has admitted he had neither read enough of her opinions nor spoken to enough of her supporters to form a fair assessment of her. Read More
Myths and falsehoods surrounding the Sotomayor nomination
The media have advanced numerous myths and falsehoods about Sonia Sotomayor. In addition to evaluating these claims on their merits, the media should also consistently report that conservatives were reportedly very clear about their intentions to oppose President Obama's nominee for political purposes, no matter who it was. Read More
You can help support our work; become a volunteer media monitor, or donate to Media Matters for America.
 

Myths and falsehoods surrounding the Sotomayor nomination




Media Matters for America

Myths and falsehoods surrounding the Sotomayor nomination

In covering the announcement by President Obama that he intends to nominate Judge Sonia Sotomayor to replace retiring Justice David Souter on the Supreme Court, the media have advanced numerous myths and falsehoods about Sotomayor. In some cases, the media assert the falsehoods themselves; in others, they report unchallenged the claims of others.
In addition to evaluating these claims on their merits, the media should also consistently report that conservatives were reportedly very clear about their intentions to oppose Obama's nominee, no matter who it was. Their attacks must be assessed in the context of their reported plans to use the confirmation process to "help refill depleted coffers and galvanize a movement demoralized by Republican electoral defeats"; "build the conservative movement"; provide "a massive teaching moment for America"; "prepare the great debate with a view toward Senate elections in 2010 and the presidency"; and "hurt conservative Democrats."
Media Matters for America has compiled a list of myths and falsehoods that have emerged or resurfaced since Sotomayor's nomination was first reported.
MYTH: Sotomayor advocated legislating from the bench
Media including The Wall Street Journal, USA Today, CNN, Fox News, and MSNBC have misrepresented Sotomayor's statement -- during a February 25, 2005, Duke University School of Law forum -- that the "court of appeals is where policy is made." These media outlets have advanced assertions that Sotomayor was advocating that judges make policy from the bench, or in the case of NBC's Matt Lauer and Chuck Todd, falsely characterized Sotomayor's comment themselves. But the context of her comments makes clear that she was simply explaining the difference between district courts and appeals courts after being asked about the differences between clerkships at the two levels, an explanation in line with federal appellate courts' "policy making" role described by the Oxford Companion to the Supreme Court of the United States (2005).
From Sotomayor's remarks:
SOTOMAYOR: The saw is that if you're going into academia, you're going to teach, or as Judge Lucero just said, public interest law, all of the legal defense funds out there, they're looking for people with court of appeals experience, because it is -- court of appeals is where policy is made. And I know -- and I know this is on tape and I should never say that because we don't make law, I know. OK, I know. I'm not promoting it, and I'm not advocating it, I'm -- you know. OK. Having said that, the court of appeals is where, before the Supreme Court makes the final decision, the law is percolating -- its interpretation, its application. And Judge Lucero is right. I often explain to people, when you're on the district court, you're looking to do justice in the individual case. So you are looking much more to the facts of the case than you are to the application of the law because the application of the law is non-precedential, so the facts control. On the court of appeals, you are looking to how the law is developing, so that it will then be applied to a broad class of cases. And so you're always thinking about the ramifications of this ruling on the next step in the development of the law. You can make a choice and say, "I don't care about the next step," and sometimes we do. Or sometimes we say, "We'll worry about that when we get to it" -- look at what the Supreme Court just did. But the point is that that's the differences -- the practical differences in the two experiences are the district court is controlled chaos and not so controlled most of the time.
According to NBC News justice correspondent Pete Williams, "[E]ven some conservatives and followers of strict constructionism have said that [Sotomayor] was only stating the obvious: that trial judges, district court judges, decide only the cases before them, and that appeals courts, because they are the, you know, above the other courts, do set policy; they do make precedent that governs the other courts." Indeed, legal experts have stated that Sotomayor's comment is not controversial, as The Huffington Post and PolitiFact.com have noted. In the words of Hofstra University law professor Eric Freedman, Sotomayor's remark was "the absolute judicial equivalent of saying the sun rises each morning" and "thoroughly uncontroversial to anyone other than a determined demagogue."
MYTH: Sotomayor said, "Latina judges are obviously better than white male judges"
Media figures have misrepresented a remark that Sotomayor made in a speech published in 2002, claiming that she suggested, in the words of Fox News' Megyn Kelly, "that Latina judges are obviously better than white male judges." Further advancing the falsehood, numerous media figures have asserted that Sotomayor made a "racist statement." In fact, when Sotomayor asserted, "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," she was specifically discussing the importance of judicial diversity in determining race and sex discrimination cases. Indeed, as Media Matters has noted, former Bush Justice Department lawyer John Yoo has similarly stressed that Supreme Court Justice Clarence Thomas "is a black man with a much greater range of personal experience than most of the upper-class liberals who take potshots at him" and argued that Thomas' work on the court has been influenced by his understanding of the less fortunate acquired through personal experience.
MYTH: Sotomayor's Supreme Court reversal rate is "high"
In a May 27 article headlined "Sotomayor reversed 60% by high court," The Washington Times uncritically quoted Conservative Women for America president Wendy Wright saying that Sotomayor's reversals -- which the Times reported as three of five cases, or 60 percent -- were "high." Similarly, on May 26, Congressional Quarterly Today uncritically quoted (subscription required) Wendy Long, counsel to the Judicial Confirmation Network, claiming that Sotomayor "has an extremely high rate of her decisions being reversed, indicating that she is far more of a liberal activist than even the current liberal activist Supreme Court." In fact, contrary to the claim that a reversal rate of 60 percent is "high," data compiled by SCOTUSblog since 2004 show that the Supreme Court has reversed more than 60 percent of the federal appeals court cases it considered each year.
MYTH: Liberal judges like Sotomayor are "activist[s]"
CNN's Gloria Borger and Bill Schneider have uncritically repeated Republican claims that Sotomayor is -- in Schneider's words -- a "liberal activist," and in doing so have also advanced the baseless conservative claim that judicial activism is solely a "liberal" practice. But at least two studies -- looking at two different sets of criteria -- have found that the most "conservative" Supreme Court justices have been among the biggest judicial activists.
A 2005 study by Yale University law professor Paul Gewirtz and Yale Law School graduate Chad Golder indicated that among Supreme Court justices at that time, those most frequently labeled "conservative" were among the most frequent practitioners of at least one brand of judicial activism -- the tendency to strike down statutes passed by Congress. Indeed, Gewirtz and Golder found that Thomas "was the most inclined" to do so, "voting to invalidate 65.63 percent of those laws." Additionally, a recently published study by Cass R. Sunstein (recently named by Obama to head the White House Office of Information and Regulatory Affairs) and University of Chicago law professor Thomas Miles used a different measurement of judicial activism -- the tendency of judges to strike down decisions by federal regulatory agencies. Sunstein and Miles found that by this definition, the Supreme Court's "conservative" justices were the most likely to engage in "judicial activism," while the "liberal" justices were most likely to exercise "judicial restraint."
Moreover, according to Politico's Jeanne Cummings, "Sotomayor's history suggests the very sort of judicial restraint that conservatives clamor for in a nominee." She added:
Whatever her personal ideology, she ruled against an abortion-rights group challenging [President] Bush's policy of banning overseas groups that take federal funds from conducting abortions. In another case, she ruled in favor of abortion protesters.
"She applied the law even-handedly and come out with the right decision," said Bruce Hausknecht, a judicial analyst for Focus on the Family Action, a large and influential voice on conservative social issues.
Sotomayor's rulings on religious liberty issues also have pleased the conservative community.
"It would have been a lot easier to communicate to the base why Judge Wood would not have made a good nominee," said Hausknecht. "With Sotomayor, we have to take a wait-and-see attitude."
MYTH: Sotomayor was "[s]oft on New Jersey [c]orruption"
In a May 26 post to his National Review Online "the campaign spot" blog, Jim Geraghty misleadingly suggested that as a U.S. district judge, Sotomayor was "[s]oft on New Jersey [c]orruption" due to the sentencing and financial penalty she issued in 1995 to Joseph C. Salema in a municipal bond kickback scheme. Geraghty cited the book The Soprano State: New Jersey's Culture of Corruption, by Bob Ingle and Sandy McClure, who wrote that "Salema could have spent up to 10 years behind bars" and that Sotomayor "instead sentenced him to six months in a halfway house and six months of home detention, fined him $10,000 and gave him 1400 hours of community service." Geraghty commented: "A $10,000 fine to someone who pleads guilty to a federal charge of sharing in more than $200,000 in kickbacks. Boy, that will teach him!" But in declaring Sotomayor "[s]oft," Geraghty ignored the fact that prosecutors reportedly sought a prison term of only one year and that Salema reportedly paid "a full restitution of $342,000" in a settlement with the Securities and Exchange Commission (SEC).
MYTH: New Haven firefighters case shows Sotomayor is an "activist"
The media have advanced conservatives' claim that Sotomayor's position in the New Haven firefighters case, Ricci v. DeStefano, shows that she is an "activist" judge. For example, a May 26 Congressional Quarterly Today article quoted Long as saying that Sotomayor "has an extremely high rate of her decisions being reversed, indicating that she is far more of a liberal activist than even the current liberal activist Supreme Court" and reported that Long "pointed to Sotomayor's participation in a 2nd Circuit discrimination case, Ricci v. DeStefano, in which a group of white New Haven, Conn., firefighters alleged they were unfairly denied promotions." In fact, Sotomayor agreed with four of her 2nd U.S. Circuit Court of Appeals colleagues that precedent compelled the decision in the case. Moreover, contrary to Long's suggestion that Sotomayor's decision shows that she is "far more of a liberal activist than even the current liberal activist Supreme Court," Souter -- whom Sotomayor would replace -- reflected an understanding of the situation faced by the city of New Haven, asking counsel for the firefighters: "Why isn't the most reasonable reading of this set of facts a reading which is consistent with giving the city an opportunity, assuming good faith, to start again? ... [I]sn't that the only way to avoid the damned if you do, damned if you don't situation?"
MYTH: Sotomayor lacks the intellect to be an effective justice
Several media figures have repeated the charge that Sotomayor lacks the intellect to be an effective Supreme Court justice, often quoting only anonymous sources or no sources at all. For instance, CNN's John King said while reporting on Obama's nomination announcement, "[S]ome ... are voicing surprise at this because they view her as a highly competent and a highly qualified judge, but they do not believe that she was the most, shall we say, of the intellectual firebrands that the president had on his list, those who could go up against a [Antonin] Scalia, or an [Samuel] Alito on the court in the arguments." The Washington Post's Dana Milbank similarly stated: "As a legal mind, Sotomayor is described in portraits as competent, but no Louis Brandeis." However, Media Matters has identified law scholars and legal professionals who worked with Sotomayor who have described her as "highly intelligent" and even "brilliant."
As Tom Goldstein noted on SCOTUSblog, "Opponents' first claim -- likely stated obliquely and only on background -- will be that Judge Sotomayor is not smart enough for the job" because "[t]he public expects Supreme Court Justices to be brilliant." Goldstein added: "The objective evidence is that Sotomayor is in fact extremely intelligent. Graduating at the top of the class at Princeton is a signal accomplishment. Her opinions are thorough, well-reasoned, and clearly written. Nothing suggests she isn't the match of the other Justices." Goldstein is a partner at Akin Gump Straus Hauer & Feldmann LLP and "co-head" of the firm's "litigation and Supreme Court practices" who "teaches Supreme Court Litigation at both Stanford and Harvard Law Schools."
MYTH: Sotomayor is "domineering" and "a bit of a bully"
Echoing a May 4 New Republic article by legal affairs editor Jeffrey Rosen, Fox News host Bill Hemmer and Supreme Court reporter Shannon Bream relied on anonymous sources that reportedly characterized Sotomayor as "domineering," sometimes "bogged down in marginal details," and "a bit of a bully." A CNN.com article similarly referenced "perceived ... concerns about her temperament." However, several of Rosen's sources were unnamed "former law clerks for other judges on the Second Circuit." Beyond allowing sources who are not identified to throw darts at Sotomayor, such citations of law clerks is problematic for a different reason, according to American University law professor Darren Hutchinson, who wrote, "[T]he use of clerks to determine whether a judge should receive a Supreme Court nomination is extremely problematic," because "[m]ost clerks have just graduated from law school, have never tried a case or practiced law, and do not have sufficient experience or knowledge of the law to make an informed assessment of a judge."
MYTH: "Empathy" is code for "liberal activist"
Media figures and outlets have focused on the purported controversy over Obama's May 1 statement that he would seek a replacement for Souter who demonstrates the quality of "empathy" and conservatives' criticism that Sotomayor, in the words of Long, "applies her feelings ... when deciding cases." Several media figures and outlets, including Fox News' Special Report and The Washington Post, have falsely suggested that Obama said that he will seek a Supreme Court nominee who demonstrates empathy rather than a commitment to follow the law. In fact, in the statement in question, Obama said that his nominee will demonstrate both. Other media have stated or advanced the claim that, in the words of a May 4 National Review editorial, "[e]mpathy is simply a codeword for an inclination toward liberal activism." But these media figures and outlets have ignored conservatives' history of stressing the importance of judges' possessing empathy or compassion.
Indeed, during his Supreme Court confirmation hearings, responding to Sen. Herb Kohl's (D-WI) question, "I'd like to ask you why you want this job?" Thomas stated in part: "I believe, Senator, that I can make a contribution, that I can bring something different to the Court, that I can walk in the shoes of the people who are affected by what the Court does." Moreover, then-President George H.W. Bush cited Thomas' "great empathy" in his remarks announcing that he was nominating Thomas to serve on the Supreme Court. Sen. Kit Bond (R-MO) similarly stated: "Though his skills as a lawyer and a judge are obvious, they are not, in my view, the only reason that this committee should vote to approve Judge Thomas's nomination. Just as important is his compassion and understanding of the impact that the Supreme Court has on the lives of average Americans." In his review of Thomas' 2007 memoir, My Grandfather's Son (HarperCollins), former Bush administration lawyer John Yoo touted the unique perspective that he said Thomas brings to the bench. Yoo wrote that Thomas "is a black man with a much greater range of personal experience than most of the upper-class liberals who take potshots at him" and argued that Thomas' work on the court has been influenced by his understanding of the less fortunate acquired through personal experience.
Additionally, several Republican then-senators, including Strom Thurmond (SC), Al D'Amato (NY), and Mike DeWine (OH), cited compassion as a qualification for judicial confirmation. For instance, during the confirmation hearings for Justice Ruth Bader Ginsburg, Thurmond stated that "compassion" was one of the "special qualifications I believe an individual should possess to serve on the Supreme Court," adding that "[w]hile a nominee must be firm in his or her decisions, they should show mercy when appropriate." Similarly, during the confirmation hearings for Justice Stephen Breyer, Thurmond said "compassion" was among "the special criteria which I believe an individual must possess to serve on the Supreme Court."
You can help support our work; become a volunteer media monitor, or donate to Media Matters for America.