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SOURCE: U.S. DISTRICT COURT--SOUTHERN DISTRICT OF NEW YORK DOCUMENT...
...Presidents come and go," observed former President and Chief Justice William Howard Taft, "but the Supreme Court goes on forever." That prospect troubles historian James MacGregor Burns, whose 15th book is a provocative assault on the "imperious" court and its tightening grip on governmental power. Unaccountable Justices have seized the right to overturn acts of Congress--an authority not found in the Constitution--and increasingly thwart the popular will, Burns argues. From blocking Reconstruction-era civil rights to slowing the New Deal, the court's pro-business ideologues have time and again created "a chokepoint for progressive reforms." More recently...
...Washington A Ruling on Race In the most anticipated case on its docket, the U.S. Supreme Court sided with a group of white and Hispanic firefighters who sued after their passing scores on a promotion exam were thrown out because black applicants performed poorly on the test. The workplace-discrimination case, Ricci v. DeStefano, had drawn intense scrutiny because Supreme Court nominee Sonia Sotomayor had come to the opposite conclusion while sitting on a federal appeals court. The narrow 5-4 ruling, issued on the final day of the term, found that officials in New Haven, Conn., relied too heavily...
...LONG LAST, A WINNER Nearly eight months, 2.4 million votes, a recount, two appeals and $50 million in election spending is all it took to get Al Franken elected U.S. Senator from Minnesota. The longest race in the state's history came to an end when the Minnesota Supreme Court ruled unanimously for the former comedian, giving him the win by 312 votes. In the end, GOP incumbent Norm Coleman conceded gracefully, saying, "The future today is ... Al Franken." The belated victory gives Democrats a filibuster-proof majority of 60 votes just as the Senate is expected to tackle...
Monica Youn, an attorney in the Democracy Program of NYU's nonpartisan Brennan Center for Justice, presents this study of Judge Sonia Sotomayor's record. To contextualize Sotomayor's decisions and inform the ongoing debate over the U.S. Supreme Court nominee's purported history of "judicial activism," Youn looked at every constitutional case - 1,194 in total - decided by the judges of the Second Circuit U.S. Court of Appeals during Sotomayor's decade of service. The study used three major measures: whether the votes of each judge were in accord with his or her colleagues'; how often the judge upheld...