Supreme Court Justice Sonia Maria Sotomayor Essay Example for Free

Supreme Court Justice Sonia Maria Sotomayor Essay Justice Sotomayor was nominated by President Barack Obama to the Supreme Court on May 26, 2009. A vacancy became open upon the retirement of Justice Souter. If her nomination and approval by the Senate is approved, she would become the 111th Justice of the Supreme Court of the United States. Her confirmation hearing by the Senate did not go without controversy. Justice Sotomayor gave a speech at the University of California, Berkeley and in her speech, she said, â€Å"I would hope that a wise Latina Woman with richness of her experiences would more often than not reach a better conclusion than a white male who hasn’t lived that life. † Some, including commentators such as Rush Limbaugh, view this statement as being racist. She acknowledged the phrase, â€Å"wise Latina woman† was a bad attempt to playing on words. In the end, Justice Sotomayer was confirmed by a vote of 68-31. Justice Sotomayor life is one that is full of achievement and disappointment. Her appointment has changed the landscape from of the court. Sotomayor was born in The Bronx, New York City and is of Puerto Rican descent. Her father died when she was nine, and she was subsequently raised by her mother. As a child, she aspired to be like Nancy Drew, the detective in the popular childrens mystery series. But at the age of 8, she was diagnosed with diabetes and told she would not be able to pursue that line of work. Sotomayor said it was another fictional character that inspired her next choice. I noticed that [defense attorney] Perry Mason was involved in a lot of the same kinds of investigative work that I had been fascinated with reading Nancy Drew, so I decided to become a lawyer, Sotomayor told the American Bar Association publication in 2000. Once I focused on becoming a lawyer, I never deviated from that goal. Her parents moved to New York during World War II – her mother served in the Women’s Auxiliary Corps during the war. Her father, a factory worker with a third-grade education, died when Sotomayor was nine years old. Her mother, a nurse, then raised Sotomayor and her younger brother, Juan, now a physician in Syracuse. After her father’s death, Sotomayor turned to books for solace, and it was her new found love of Nancy Drew that inspired a love of reading and learning, a path that ultimately led her to the law. Most importantly, at an early age, her mother instilled in Sotomayor and her brother a belief in the power of education. Driven by an indefatigable work ethic, and rising to the challenge of managing a diagnosis of juvenile diabetes, Sotomayor excelled in school. Sotomayor graduated as valedictorian of her class at Blessed Sacrament and at Cardinal Spellman High School in New York. She first heard about the Ivy League from her high school debate coach, Ken Moy, who attended Princeton University, and she soon followed in his footsteps after winning a scholarship. Judge Sotomayors Legal Realist Judicial Philosophy Formalism is an appealing view because it purports to validate the rule of law, in contrast to the rule of the men and women who serve as judges. If the judge is simply a vehicle for expressing the laws meaning, then when the judge interprets the law, the judge is not adding his or her own gloss, but rather simply applying the rules and standards previously chosen through democratic processes. For this reason, Justice Scalia, who has also espoused formalism, specifically associates it with the rule of law. Yet formalism has been under assault for over a century. Legal realists have long noted that the formalists view of the law is false, or at least radically incomplete. Even a legal realist will likely admit that, yes, in some very simple casesthe sort that are either never brought or that settle quicklythe formal legal materials uniquely determine the answer. However, legal realists point out that in the sorts of cases that reach appellate courts, and especially a court of last resort like the United States Supreme Court, there is usually a substantial gap or ambiguity in the law. That is the very reason why we need such courts, legal realists say. As the term legal realism suggests, legal realists believe that formalists are not being honest (perhaps, not even with themselves) when they disclaim any influence from their own values upon their judicial decisionmaking. Nor, they say, could matters be otherwise in a complex and evolving society in which legislators and constitution writers cannot possibly have anticipated all of the circumstances in which the provisions they wrote would be applied. The point was aptly made this way: The constant development of unprecedented problems requires a legal system capable of fluidity and pliancy. Our society would be strait-jacketed were not the courts, with the able assistance of the lawyers, constantly overhauling the law and adapting it to the realities of ever-changing social, industrial and political conditions; although changes cannot be made lightly, yet law must be more or less impermanent, experimental and therefore not nicely calculable. Much of the uncertainty of law is not an unfortunate accident: it is of immense social value. Who said that? None other than Judge Sonia Sotomayor, in a 1996 speech at Suffolk University Law School. Formalism, Legal Realism, and Judicial Empathy Knowing that Judge Sotomayor is a legal realist does not tell us everything about her judicial philosophy, but it does paint a vivid contrast with the formalism expressed by Justice Thomas and Chief Justice Roberts at their confirmation hearings. That contrast, in turn, makes sense of the controversy over President Obamas view that a Justice ought to have empathy. If one thinksas many conservative commentators apparently dothat formalism correctly describes American law, then empathy is irrelevant to judging. The judges job is simply to apply the formal legal materials. Empathy is no more useful to the formalist judge than it is to someone writing a dictionary. In each case, one is simply looking for the meaning of words. However, if one thinks that the legal realists have it right, then a broad capacity for empathy is crucial to judging. According to the legal realist view, in filling in the laws gaps and ambiguities, a judge will necessarily be making value-laden decisions that derive in part from her background and experience. The broader the background, and the greater her ability to step outside her own circumstances to see the laws effects on others, the greater will be the judges ability to, as Judge Sotomayor put it, adapt the law to the realities of ever-changing social, industrial and political conditions. Neither legal realism nor empathy alone constitutes the whole of Judge Sotomayors judicial philosophy. To fully appreciate her approach, it would be necessary to read a substantial number of the hundreds of opinions she has authored as a federal judge. But at least with a professed legal realist judge like Sotomayor, one knows where to begin. In an era when we are all too familiar with 5-4 Supreme Court decisions splitting along conservative/liberal lines, it is refreshing to have a nominee who does not pretend that her background and values have nothing to do with her legal decisions. The Case Against Sotomayor Sotomayor’s former clerks sing her praises as a demanding but thoughtful boss whose personal experiences have given her a commitment to legal fairness. â€Å"She is a rule-bound pragmatistvery geared toward determining what the right answer is and what the law dictates, but her general approach is, unsurprisingly, influenced by her unique background,† says one former clerk. â€Å"She grew up in a situation of disadvantage, and was able, by virtue of the system operating in such a fair way, to accomplish what she did. I think she sees the law as an instrument that can accomplish the same thing for other people, a system that, if administered fairly, can give everyone the fair break they deserve, regardless of who they are.† Her former clerks report that because Sotomayor is divorced and has no children, her clerks become like her extended familyworking late with her, visiting her apartment once a month for card games (where she remembers their favorite drinks), an d taking a field trip together to the premier of a Harry Potter movie. But despite the praise from some of her former clerks, and warm words from some of her Second Circuit colleagues, there are also many reservations about Sotomayor. Over the past few weeks, I’ve been talking to a range of people who have worked with her, nearly all of them former law clerks for other judges on the Second Circuit or former federal prosecutors in New York. Most are Democrats and all of them want President Obama to appoint a judicial star of the highest intellectual caliber who has the potential to change the direction of the court. Nearly all of them acknowledged that Sotomayor is a presumptive front-runner, but nearly none of them raved about her. They expressed questions about her temperament, her judicial craftsmanship, and most of all, her ability to provide an intellectual counterweight to the conservative justices, as well as a clear liberal alternative. The most consistent concern was that Sotomayor, although an able lawyer, was â€Å"not that smart and k ind of a bully on the bench,† as one former Second Circuit clerk for another judge put it. â€Å"She has an inflated opinion of herself, and is domineering during oral arguments, but her questions aren’t penetrating and don’t get to the heart of the issue.† (During one argument, an elderly judicial colleague is said to have leaned over and said, â€Å"Will you please stop talking and let them talk?†) Second Circuit judge Jose Cabranes, who would later become her colleague, put this point more charitably in a 1995 interview with The New York Times: She is not intimidated or overwhelmed by the eminence or power or prestige of any party, or indeed of the media. Her opinions, although competent, are viewed by former prosecutors as not especially clean or tight, and sometimes miss the forest for the trees. It’s customary, for example, for Second Circuit judges to circulate their draft opinions to invite a robust exchange of views. Sotomayor, several former clerks complained, rankled her colleagues by sending long memos that didn’t disti nguish between substantive and trivial points, with petty editing suggestionsfixing typos and the likerather than focusing on the core analytical issues. Some former clerks and prosecutors expressed concerns about her command of technical legal details: In 2001, for example, a conservative colleague, Ralph Winter, included an unusual footnote in a case suggesting that an earlier opinion by Sotomayor might have inadvertently misstated the law in a way that misled litigants. The most controversial case in which Sotomayor participated is Ricci v. DeStefano, the explosive case involving affirmative action in the New Haven fire department, which is now being reviewed by the Supreme Court. A panel including Sotomayor ruled against the firefighters in a perfunctory unpublished opinion. This provoked Judge Cabranes, a fellow Clinton appointee, to object to the panel’s opinion that contained â€Å"no reference whatsoever to the constitutional issues at the core of this case.† (The extent of Sotomayor’s involvement in the opinion itself is not publicly known.) Not all the former clerks for other judges I talked to were skep tical about Sotomayor. â€Å"I know the word on the street is that she’s not the brainiest of people, but I didn’t have that experience,† said one former clerk for another judge. â€Å"She’s an incredibly impressive person, she’s not shy or apologetic about who she is, and that’s great.† This supporter praised Sotomayor for not being a wilting violet. â€Å"She commands attention, she’s clearly in charge, she speaks her mind, she’s funny, she’s voluble, and she has ownership over the role in a very positive way,† she said. â€Å"She’s a fine Second Circuit judgemaybe not the smartest ever, but how often are Supreme Court nominees the smartest ever?† I haven’t read enough of Sotomayor’s opinions to have a confident sense of them, nor have I talked to enough of Sotomayor’s detractors and supporters, to get a fully balanced picture of her strengths. It’s possible that the former clerks and former prosecutors I talked to have an incomplete picture of her abilities. But they’re not motivated by sour grapes or by ideological disagreementthey’d like the most intellectually powerful and politically effective liberal justice possible. And they think that Sotomayor, although personally and professionally impressive, may not meet that demanding standard. Given the stakes, the president should obviously satisfy himself that he has a complete picture before taking a gamble. Racial Discrimination Judge Sotomayors most high-profile case, Ricci v. DeStefano, concerns white firefighters in New Haven who were denied promotions after an examination yielded no black firefighters eligible for advancement. Joining an unsigned opinion of a three-judge panel of the appeals court, Judge Sotomayor upheld the rejection of a lawsuit by white firefighters, one of them Hispanic, claiming race discrimination and, as part of the full appeals court, she declined to rehear the case. The Supreme Court overturned the lower court’s decision in a 5-to-4 vote. Judge Sotomayor dissented in part in an earlier case, Gant v. Wallingford Board of Education, finding that race discrimination had occurred when a school demoted a black child from first grade to kindergarten. Lawsuits Against Federal Contractors An opposition memo on Judge Sotomayor cites her ruling in a case about lawsuits against federal contractors to claim that she is willing to expand constitutional rights beyond the text of the Constitution. The case concerns an inmate who lived in a fifth-floor room while serving a federal prison sentence for securities fraud. He was allowed to use the elevator because of congestive heart failure, but when a guard had him climb the five flights, he had a heart attack, fell down the stairs and suffered an injury. He sued the company that ran the halfway house for the federal Bureau of Prisons. As part of the appeals court, Judge Sotomayor emphasized precedents that permitted suits against companies performing state government functions. The Supreme Court reversed Judge Sotomayor, ruling 5 to 4 that only individual agents, not corporations, may be sued for such violations. Justice Stevens joined by Justices Souter, Ginsburg, and Breyer dissented. â€Å"Extending Bivens liability to reach private corporations furthers [its] overriding purpose: providing redress for violations of constitutional rights.† (Bivens was a 1971 Supreme Court case that allowed some people whose rights have been violated by federal agents to sue.) —Makesko v. Correctional Services Corporation, 2000 Related Documents * Makesko v. Correctional Services Corporation Top Environment In a defeat for environmental groups, the Supreme Court ruled this term that the Environmental Protection Agency may use cost-benefit calculations to decide whether to require power plants to make changes that could preserve aquatic organisms. The case mostly concerned the meaning of a phrase in the Clean Water Act that requires the power plants cooling structures to reflect the best technology available for minimizing adverse environmental impact. Judge Sotomayor had previously ruled that weighing the costs of the changes against the value of the organisms in dollars was not permitted by the law. Instead, the EPA could consider only what cost may reasonably be borne by the power plants. When her ruling was overturned by the Supreme Court, Justice John Paul Stevens, joined by Justices Ruth Bader Ginsburg and David H. Souter, dissented, saying that cost-benefit analysis was prohibited by the law and pernicious in practice. â€Å"Congress has already specified the relationship between cost and benefits in requiring that the technology designated by the EPA be the best available.† —Riverkeeper v. Environmental Protection Agency Related Documents * Riverkeeper v. Environmental Protection Agency (2007) Top Workplace Discrimination: Disabilities Some of Judge Sotomayors more prominent opinions on discrimination concern people with disabilities. In one case, Judge Sotomayor ruled that a law school graduate with a reading and learning disability was entitled to extra time in taking the bar exams. After the Supreme Court decided that people are not protected under the Americans With Disabilities Act if they can function normally by wearing glasses, taking medication or otherwise compensating for their disabilities, it told the Second Court to reconsider its decision in this case. Judge Sotomayor again found that the woman was disabled, and must be given accommodations, writing that test scores alone were not enough to diagnose a disability. Another case concerned a trucking company that rejected applicants who were taking some medications. Judge Sotomayor dissented from the majority, writing that Hunt, the company, had determined the applicants were substantially limited in the major life activity of working, and not, as the, majority found, merely unsuited for long-distance driving of Hunts 40-ton trucks on irregular stressful schedules. â€Å"By its very nature, diagnosing a learning disability requires clinical judgment.† —Bartlett v. New York State Board of Law Examiners Related Documents * Bartlett v. New York State Board of Law Examiners (1999) * E.E.O.C. v. J.B. Hunt Transport (2003) Top International Law Some of her Judge Sotomayors most notable decisions have come in child custody and complex business cases. One case concerned a child of divorced parents who lived in Hong Kong. The mother had sole custody of the child and the father had reasonable access. The mother took the child to New York, and the father filed a petition for return of the child to Hong Kong. A custody order said the child could not be removed from Hong Kong without the consent of the father or the Hong Kong court, and the case centered on whether this clause confers rights of custody under the Hague Convention on International Child Abduction. If it did, it would require the childs return to Hong Kong. On appeal, the court ruled the removal was not wrong because the father did not possess rights of custody. In her dissenting opinion, Judge Sotomayor argued that a broader interpretation of custody was more in line with the object and purpose of the Convention, and that this was how foreign courts had considered the issue. The question in this case, Croll v. Croll, is before the Supreme Court in Abbott v. Abbott. Another case concerned jurisdiction. Federal courts can hear cases between citizens of a State and citizens or subjects of a foreign state. According to British law, citizens of Bermuda are nationals, but not subjects. A panel found, therefore, that federal jurisdiction did not apply. Judge Sotomayor dissented, writing that the Constitution used citizen and subject to refer to a range of relationships. [ 1 ]. http://www.time.com/time/politics/article/0,8599,1910403,00.html [ 2 ]. http://articles.cnn.com/2009-07-14/politics/sotomayor.hearing_1_sotomayor-hearings-wise-latina-woman-hispanic-supreme-court?_s=PM:POLITICS [ 3 ]. http://articles.cnn.com/2009-05-26/politics/sotomayor.bio_1_judge-sonia-sotomayor-supreme-court-nancy-drew?_s=PM:POLITICS [ 4 ]. http://www.whitehouse.gov/the_press_office/Background-on-Judge-Sonia-Sotomayor/ [ 5 ]. http://writ.news.findlaw.com/dorf/20090603.html [ 6 ]. http://www.tnr.com/article/politics/the-case-against-sotomayor

GERONIMO Essay -- essays research papers

More than 5,000 troops were under General Miles' command at that time, including elements of the 4th, 6th and 10th Cavalry. He gave the principal pursuit mission to the 4th because it was headquartered at Fort Huachuca, the base of operations for the campaign. The Army had permission to go to Mexico in pursuit. Captain Henry Lawton, commanding officer of "B" Troop, 4th Cavalry, was an experienced soldier who knew the ways of the Apaches. His tactics were to wear them down by constant pursuit. Stationed at the fort at that time were many men who would later become well known in the Army: Colonel W. B. Royall, commanding officer of the fort and the 4th Cavalry, who was responsible for the logistical support of the Geronimo campaign; Leonard Wood, who went along on the expedition as contract surgeon; Lieutenant Colonel G. H. Forsyht; Captain C.A.P. Hatfield; Captain J.H. Dorst; and First Lieutenant Powhatan H. Clarke, who was immortalized by the artist, Remington, for saving a black trooper during the campaign. With the fort as advance base for the pursuit forces, the heliograph communications network, which General Miles had established in Arizona and New Mexico, was used effectively for logistical purposes. However, the Indians and the Army were conducting their chase in Mexico where the system did not extend. So the most the heliograph could do in the campaign was relay messages brought by fast riders from the border. April 1, 1886 was the date that Captain Lawton led his troopers with two pack trains and 30 Indian Scouts through the Huachuca Mountains to Nogales, Mexico, to pick up Geronimo's trail. Though various units would join the pursuit later and separate to follow trails left by the Indians back and forth across the border, there were few times that Army troops and members of Geronimo's band would come face to face. Four Months later, Captain Lawton and Leonard Wood were sent back to Fort Huachcua, worn down by the rough country and grueling campaign. More than 3,000 miles were covered by the Indians and the Army during the chase, which took a month longer than General Miles had planned. The men had walked and ridden through some of the most inaccessible desert land in North America, in heat sometimes above 110 degrees. After Geronimo's surrender, "B" Troop of the 4th Cavalry was given the mission of escorting the Apache's to Flo... ...were killed by Mexicans in 1858, he participated in a number of raids against Mexican and American settlers, but eventually settled on a reservation. In 1876 the U.S. government attempted to move the Chiricahua from their traditional home to San Carlos, New Mexico; Geronimo then began ten years of intermittent raids against white settlements, alternating with periods of peaceful farming on the San Carlos reservation. In March 1886, the American general George Crook captured Geronimo and forced a treaty under which the Chiricahua would be relocated in Florida; two days later Geronimo escaped and continued his raids. General Nelson Miles then took over the pursuit of Geronimo, who was chased into Mexico and captured the following September. The Native Americans were sent to Florida, Alabama, and finally to Fort Sill, Oklahoma Territory, where they settled as farmers. Geronimo eventually adopted Christianity. He took part in the inaugural procession of President Theodore Roosevelt i n 1905. Geronimo dictated his memoirs, published in 1906 as Geronimo's Story of His Life. He died at Fort Sill on February 17, 1909.

Kantian Ethics Essay

Kant’s thought induced in philosophy what he himself christened ‘a Copernican revolution’, central to which was his ethical theory. Previous ethical theories had attempted to ground ethics in metaphysical or theological conceptions of â€Å"the good† or to base morality on human happiness as the final goal. For Kant, not only were conceptions of â€Å"the good† inaccessible to human thought, but any definition of human happiness could not be established and therefore used as a moral foundation. Instead he turned his moral thought to human nature as based within practical reason, and the moral principle he names the categorical imperative. This he defines according to the mottos ‘Act only on that maxim which you can at the same time will to be a universal law’ (Kant, [1785] 1948, p. 421) as well as ‘treat humanity†¦never simply as a means, but always at the same time as an ends’ (Kant, [1785] 1948, p. 429). With respect to the former, for example, the act of telling a lie would not be considered morally appropriate insofar as the individual telling the lie would not be able to will that all individuals in similar situations act in the same way. In order to function properly, society must operate within a contract of trust in which persons are able to assume a relative amount of truth and trustworthiness in their fellow citizens; otherwise human communication would inevitably collapse and civil society would prove unsustainable. Central to the categorical imperative is Kant’s notion of autonomy. Autonomy is defined as the individual’s freedom from external influences in his or her dutiful choice of the morally right. This is contrasted to heteronomy, in which the individual desires to do what is good for other reasons than simply the good itself. The connection between these concepts and the categorical imperative is clear: the imperative provides a deontological framework in relation to which and through which an autonomous individual may act ethically. If the moral agent follows the imperative for its own sake (i. e. in order to do his or her duty) and not for external reasons, then he or she, per definition, is acting freely and autonomously. Although Kant offers an insightful framework for morality, the picture of ethics he paints with respect to duty and autonomy is unfortunately inadequate to describe the human experience of morality. In the Groundwork in the Metaphysics of Morals, duty is given such great privilege over other human faculties that it is possible to think that Kant sees value in little else: ‘an action done out of duty has its moral worth, not from any purpose it may subserve, but from the maxim according to which it is determined on; it depends not on the effecting any given end, but on the principle of volition singly’ (Kant, [1785] 1836, p. 9). Of course, duty plays a crucial role in any moral act. For example, I may refrain from telling a lie to my wife because I have a duty—grounded in our wedding vows—to be honest with her. However, duty becomes a problem in our relationship if it serves the sole or most important reason for moral action: if I only act ethically toward my wife because I feel the need to grin and bear my duty, then our relationship will likely lack life and that which would make it a thriving partnership. Ethics incorporates more than duty, such that I do not simply do my duty to my wife for duty’s sake alone, but I also act ethically out of love, joy or perhaps even spontaneity. To restrict ethical behaviors to such a strict deontology unfairly limits the manifold and complicated ways in which humans practice ethics and relate to others individuals in a human moral framework. References Kant, Immanuel (1948). Groundwork of the Metaphysics of Morals. (H. J. Paton, Trans. ). London: Hutchinson. (Original work published 1785, and published in a collection in 1903; page references to this edition). Kant, Immanuel (1836). The Metaphysics of Ethics. (John William Semple, Trans. ). Edinburgh: Thomas Clark. (Original work published 1785).

The Effects Of Bottled Water On Drinking Water - 1115 Words

1. Why I selected This product Category I have always found it sort of curious when I see people buying bottled water. My grandfather told me that when he was a boy they drank water from the hose and it was free. I know growing up our household certainly didn’t bother with things like that, so facet water is what we got as well. The costs of groceries these days is expensive, spending extra money on water always seemed like such a waste to me. Now, that being said, some people live in areas where the water isn’t very clean, and buying bottled water is much safer than drinking the city’s water. Also, bottled water has become more popular because it is paired as a service; Bottled water is easy to grab on the go. It takes more time to find a water bottle, with a lid, and fill it up than to grab an already bottled water. 2. The Good Position†¦ the least expensive choice I selected â€Å"Schnucks Purified Drinking Water† as the low cost example. It is the store brand, and costs about $ 2.88. The water is packaged in plastic water bottles, and comes 24 bottles to a package (containing 16.9 FL OZ per bottle). Then it is encased in plastic wrapping, and placed closest to the floor. This brand is the cheapest because it is purified water versus like spring water. Many times people view spring water as more natural, and therefore it’s more expensive. The main reason behind this brand being the cheapest is because it is the store brand. Typically, people who buy â€Å"Schnucks Purified DrinkingShow MoreRelatedBenefits Of Drinking Bottled Water Essay1171 Words   |  5 PagesThere are many benefits of drinking bottled water, but these benefits do not outweigh the costs. Drinking bottled water can have many negative effects on human health, and can be very harmful to the environment. Over the past ten years, the bottled water market has tripl ed. Every year the market grows ten percent from the previous year. 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