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Scalia, Justice Antonin •actual innocence of a convicted defendant is not seen by as grounds for overturning a death sentence
...that in and of itself seems to violate the AEDPA, which specifically bars the district judges from having anything more to do with this case. This wrinkle sent Justice Antonin Scalia to his writing desk. In a dissent joined by Justice Clarence Thomas, Scalia noted the odd fact that the Supreme Court was ordering the lower-court judge to hold a hearing that, according to Congress, the judge is not allowed to convene. "Without explanation and without any meaningful guidance," Scalia wrote, the court was sending the district judge "on a fool's errand." The evidence, he asserted, "has been...
Sotomayor is right that much of her record demonstrates her opposition to judicial policymaking. In some of her opinions as an appellate judge, she sounds like Justice Antonin Scalia in her insistence that judges should avoid policy considerations at all costs. "The duty of a judge is to follow the law, not to question its plain terms," Sotomayor wrote in a 2006 dissent. "I trust that Congress would prefer to make any needed changes itself, rather than have courts...
...changes to the federal budget suggested a vigorous defense of an answer he gave on the campaign trail. But other moves, such as the recent nomination of Judge Sonia M. Sotomayor to the Supreme Court, whom most legal analysts do not consider a liberal intellectual heavyweight to counter Justice Antonin G. Scalia, or the decision to delay repealing Don’t Ask Don’t Tell, suggest Clintonian moderation. I retain great hopes for the next four (or eight) years of this White House. Alexander Hamilton famously said, “Those who stand for nothing fall...
...anything, Sotomayor may disappoint activists on the left who were hoping that Obama would choose a two-fisted progressive to trade punches with Justice Antonin Scalia, who anchors the conservative end of the court. There are episodes in her history as a judge that Republicans will scrutinize carefully, especially an affirmative-action decision that the Supreme Court is re-examining right now. But absent a time bomb hidden among her rulings and public statements, there's not much Sotomayor's opponents can do to turn her into a scary radical - or to counter that compelling personal story. (Read "Judge Sonia...