Share

Sotomayor Shows She's No Clarence Thomas as Supreme Court Opens

by: Michael Doyle  |  McClatchy Newspapers

photo
Supreme Court Justice Sonia Sotomayor. (Illustration: Jared Rodriguez / t r u t h o u t)

    Washington - A recast Supreme Court kicked off its new season Monday, with novice Justice Sonia Sotomayor immediately taking center stage.

    In just an hour, the court's newest justice asked more questions than Justice Clarence Thomas has asked over the course of several years. Sotomayor's aggressive role in a Fifth Amendment case, in turn, underscored how she could put her own stamp on a court whose 2009-2010 docket is still taking shape.

    "The Supreme Court is already off to a notable start, and there is so much more to come," Caroline Fredrickson, the executive director of the American Constitution Society, a liberal lawyers organization, said even before inaugural oral argument Monday.

    The 55-plus cases already scheduled for the coming months cover everything from gun rights and patent protection to free speech and the punishment of juveniles. The court is likely to accept another 25 or so cases before the 2009-10 term ends next June.

    As always, some cases are acutely technical; dry as dust pension disputes, for instance. Others carry constitutional significance, a compelling set of facts or sometimes both.

    On Tuesday, for instance, the court will consider the criminal conviction of a man who sold videotapes of pit bulls fighting. Virginia resident Robert J. Stevens was sentenced to 37 months in prison for violating a federal law that bans depictions of animal cruelty.

    Congress passed the law in 1999 in response to reports about so-called "crush videos."

    "A crush video is a depiction of women inflicting torture on animals with their bare feet or while wearing high-heeled shoes," the 3rd U.S. Circuit Court of Appeals explained. "In some video depictions, the woman's voice can be heard talking to the animals in a kind of dominatrix patter."

    Stevens - joined by civil libertarians, book publishers and the entertainment industry, among others - argues that the law infringes on free speech. The Obama administration defends the law as reasonable, saying that "the value of the speech" is outweighed by its "social costs."

    An equally anticipated set of cases from Florida question whether it's cruel and unusual punishment to sentence a juvenile to life in prison without the possibility of parole.

    Thirteen-year-old Joe Harris Sullivan, who already had a lengthy criminal record, was convicted in 1989 of raping a 72-year-old woman. Seventeen-year-old Terrance Jamar Graham, who likewise had a lengthy record, committed a home invasion robbery while on probation for another violent offense. Both were sentenced to life without possibility of parole.

    In a 2005 opinion written by Justice Anthony Kennedy, the court ruled out executions of individuals for crimes committed while they were minors. The new cases, to be heard Nov. 9, question whether the same reasoning about juvenile immaturity should apply to noncapital punishment.

    The imprisonment cases have attracted particularly impassioned briefs, including one urging mercy and rehabilitation filed by self-described "former juvenile offenders" including actor Charles Dutton and former Republican Senate Minority Whip Alan Simpson.

    "When Simpson was a juvenile ... (he) was convicted of a serious federal offense and engaged in other conduct that could have led to other serious criminal offenses and, under certain regimes, a potential life sentence," the brief says. "In Simpson's words to this court, 'I was a monster.'"

    So far, the court's 2009-10 docket lacks some familiar controversies, including abortion, the death penalty and Guantanamo Bay detentions. That could still change, particularly if the justices agree to hear a pending case called Kiyemba v. Obama, involving the power of a federal judge to order the release of Chinese Uighurs from Guantanamo.

    Demonstrators dressed in orange prison jumpsuits and black hoods gathered on the Supreme Court steps Monday morning before the first case was heard, calling attention to the treatment of war-on-terrorism detainees.

    The court heard two hourlong oral arguments Monday morning and postponed a third, which involved a water rights dispute between North Carolina and South Carolina. Though the cases marked the formal start of the term, Sotomayor first participated last month in a hearing on a campaign finance challenge that was carried over from the last term.

    In last month's hearing, as well as the first case Monday, involving so-called Miranda rights to stay silent unless represented by an attorney, Sotomayor proved herself a dogged questioner. She spoke nearly three dozen times Monday during the argument in the case called Maryland v. Shatzer.

    "Could I have a clarification of the facts for a moment?" Sotomayor asked at one point, and then pursued the attorney with four specific follow-up questions.

    Thomas, as is his habit, was silent throughout the morning session.

  

»


Comments

This is a moderated forum. Β It may take a little while for comments to go live. Be civil and on-topic, don't threaten or advocate violence, please keep it under 300 words. Thanks for participating.

More questions in one day

More questions in one day than Thomas- one if the "finest legal minds"- asked in five years? Crazy. Thomas should be glad that cameras aren't allowed in the SCOTUS. His schmuckiness would be live for the entire world to see.

Geez! What is up with that

Geez! What is up with that picture?!

Re: "ubiquitous

Re: "ubiquitous media" There is something going on here that is orthogonal to the free speech case per se, it is today's ubiquitous media, it's ever more vicious exhibitionism and violence is cultivated by Rupert and his crowd in order to turn the plebeian-public into a mushy, compliant mob.

Were the questions valid, or

Were the questions valid, or were they a result of inexperience and lack of knowledge? Just asking questions brings attention to yourself - something she seems to relish. Maybe she was demonstrating that she doesn't have anywhere near the legal mind that Clarence Thomas has since she had difficulty understanding what was going on. Looks like Obama may have appointed another under-qualified narcissist.

Perhaps she's smart enough

Perhaps she's smart enough to know what she doesn't know and some others aren't. You don't have to ask many questions when your mind's made up before the case is argued.

Asking questions isn't a

Asking questions isn't a sign of ignorance, it's a sign of paying attention and checking implications. No one thinks that Clarence Thomas is the brightest bulb in the pack. But he is certainly the quietest. It suggests to me that he doesn't have the intellectual confidence to hold his own in the give & take of the questioning and discussion.

"Maybe she was demonstrating

"Maybe she was demonstrating that she doesn't have anywhere near the legal mind that Clarence Thomas has since she had difficulty understanding what was going on. Looks like Obama may have appointed another under-qualified narcissist." I think we're being a little hasty here. Sotomayer is the NEWEST of the nine. She has the most catching up to do. She brings her own mind and her own style to this new position. This is not unlike what you and I do at a new job. Opinions aside, she was never expected to be a "drop-in" or "bolt-on" replacement for Clarence Thomas. Nor is she replacing someone who was fired for incompetence (again, opinion withheld). I might agree with the above poster IF.. I was predisposed to cynicism and nihilistic bitterness (opinion not withheld).

I wonder how a videotape of

I wonder how a videotape of the commission of a crime can be considered free speech? After all, as part of some sentences aren't those criminals barred from profiting from book or movie deals about their crime? It seems to me that moving the profit center to a third party would be exploiting a very big loophole. As far as crush videos, this is the first I ever heard of such a thing - how revolting!

Justice Thomas is living

Justice Thomas is living proof that it's better to remain silent and be thought a fool than to speak and remove all doubt. Likewise, the adage that "the only stupid question is the one that isn't asked." A cigar store Indian on thorazine would be more engaged in the business of the court. "Crush videos"?!?! This is disgusting.

Wow! She's going to drive a

Wow! She's going to drive a philosophical wedge right through the heart of the Democrats! Did Obama really appoint a judge who finally understands the spirit of liberty? What a blunder for the ruling class! LOL