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...want to make this statement. This is a real good statement here: Marshall and I--we own a record company.' JOE JACKSON, plugging his new business venture during an interview about the death of his son, pop icon Michael Jackson...
Judge Sotomayor's Record in Constitutional Cases By Monica Youn, The Brennan Center for Justice at New York University School of Law 33 pages...
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...
...Sotomayor's record on civil rights cases: "Judge Sotomayor joined unanimous decisions in civil rights cases in 89.1% of cases, compared to the circuit rate of 90.6% unanimity. She dissented in only two cases out of her 46 civil rights cases (4.3%) in the Constitutional Dataset, as compared to a 2.7% dissent rate for such cases in the circuit overall ... [She] voted to hold the challenged governmental action unconstitutional in 23.9% of cases, slightly more often than the Second Circuit overturn rate of 20.6% in such cases. However, she voted to overrule a lower court or agency determination in civil...
Youn finds that "fears that Judge Sotomayor is an 'activist' or 'outlier' or 'out of the mainstream' have no basis in her record of constitutional cases." Instead, Youn argues, her judicial profile is "very much in line with her colleagues." The study gives a brief overview of the term "judicial activism" and explains how it has been saddled with negative connotations since Marbury v. Madison established the court's power of judicial review in 1803. Specifics of the cases reviewed aren't available in the report, but the study nonetheless paints a good statistical portrait of what might be expected...