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...lower court decided in favor of the city. In February 2008, Sotomayor was part of a three-judge panel that upheld the lower-court decision in a very brief ruling. Four months later, she was part of a 7-6 majority that decided not to rehear the case before the full appeals court. Writing for the six dissenters, Judge Jose Cabranes, a Clinton appointee who has been something of a mentor for Sotomayor, said the majority "failed to grapple with the questions of exceptional importance raised in this appeal." The three-judge panel's "perfunctory disposition," he wrote, contained...

Author: /time Magazine | Title: Sonia Sotomayor: A Justice Like No Other | 5/28/2009 | See Source »

...Haven dispute will probably be one of the final cases the court rules on before adjourning for the summer in late June. The Justices have already reversed three rulings that Sotomayor had joined over the years. That's not a high number for a longtime appellate judge, and unlike the affirmative-action case, those generally involved such technical issues that it would be hard to build an opposition campaign around them. For instance, this year a 6-3 Supreme Court overturned a 2007 Sotomayor decision that ruled that the Environmental Protection Agency could not use cost-benefit analysis when deciding...

Author: /time Magazine | Title: Sonia Sotomayor: A Justice Like No Other | 5/28/2009 | See Source »

...another case, Sotomayor ruled that investors could bring certain kinds of fraud suits against investment firms in state courts rather than in federal courts. The Supreme Court unanimously overturned that decision, ruling that to permit the suits in state courts would lead to "duplicative litigation." In the third case, the court reversed a decision written by Sotomayor that said individuals have the right to sue a corporation working on behalf of the Federal Government for violations of their constitutional rights. But that was a narrow, 5-4 reversal in which the court's four most consistent liberals - Souter, Stephen Breyer...

Author: /time Magazine | Title: Sonia Sotomayor: A Justice Like No Other | 5/28/2009 | See Source »

...rare hot-button rulings, seven years ago Sotomayor decided against an abortion-rights group that attempted to challenge the federal ban - since lifted by President Obama - on funding international family-planning groups that provide abortions. Writing to uphold a lower-court decision that threw out the case, Sotomayor said, "The Supreme Court has made clear that the government is free to favor the antiabortion position over the pro-choice position, and can do so with public funds." But that case didn't require Sotomayor to comment on the fundamental premise of Roe v. Wade - that the Constitution provides a right...

Author: /time Magazine | Title: Sonia Sotomayor: A Justice Like No Other | 5/28/2009 | See Source »

...Republicans are worried about putting off Hispanics, they are also under enormous pressure from the right not to let Sotomayor go without a fight. "President Obama carried through on his threat to nominate a Justice who would indulge her policy preferences and biases on the bench," says Ed Whelan, president of the Ethics and Public Policy Center, a group opposing Sotomayor's candidacy. "I'm going to continue to do all I can to expose Sotomayor's view of judging and why she's not a good pick for the court." Conservative activist groups are already airing commercials that attack...

Author: /time Magazine | Title: Sonia Sotomayor: A Justice Like No Other | 5/28/2009 | See Source »

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