Sotomayor and SCOTUS

" This is Decatur daily podcast for Thursday may 28 2009. And keep the brown. The process has begun digging through his years of writings and opinions of Sonia -- my door she attempts to become the next justice of the US Supreme Court. Roger Milan vice president for legal affairs at the Cato Institute offers his thoughts."

" She was. A child of the Bronx she grew up in relative. Poverty. In the Bronx and raised by her mother after father died which was nine years old she did very well in high school. Went to Princeton graduated some commodities and went to Yale Law School. Wrote on the Yale journal. Was. An assistant district attorney in New York under Robert Morgan thought she was a commercial litigator. And then she was named to the federal bench by George Bush senior. And something of a compromise that was reached. When Daniel Moynihan. Recommended her in 1991. As a district court judge. Then denied she was. Nominated and confirmed. I'm by him. President Clinton to the second circuit interestingly. 29 -- senators voted against her in the elevation to the second circuit. So she was controversial by that time. What is most striking about her. Writings as a judge and work is an attorney she has refrained from. Taking positions. Where you think that she might take positions in none. More clearly than this Ricci V Destefano case. That is before the Supreme Court right now. This is a case coming out of New Haven, Connecticut. Whereby a test was given to firefighters. Who aspired to be him officers. And the results did not come out right in other words they were. Such that the whites and one Latinos scored well and the African American. Test takers did not. The plaintiffs' lead plaintiff has frank Ricci who suffers from dyslexia. He paid over -- thousand dollars to have someone. Transfer the test material on -- tape so that he could study he studied long and hard. And scored very well on the exam. After it was and determined that the results of the exam were not politically correct if I may put that way. The city decide to throw the amount and the elevated no one to an officer corps. Mr. -- and others brought sued. The district court the court -- summarily. Rejected due to suit. And the Court of Appeals. Did the same. We use to judge so to -- on the panel. Unfortunately they wrote no opinion. And affected looks like they tried to bury the opinion because they published nothing. Only -- and the rest of the court's second circuit. Sought to have the court the decision -- heard on bank by the full court. Which it was decided against seven to six. Did we get and if you blistering opinion by Jose Cabrera and us on that court. Bringing out all the facts the failure to address the serious constitutional issues but the panel on which Jones soda -- And the attempt to bury the decision by not publishing it. And so there were shenanigans in that case that have come to light. The conventional wisdom is that the Supreme Court is gonna reverse it and if it does this opinion is going to come out. Just before. The hearings are likely to be undertaken. In -- time for confirmation. Of Orange orange soda Mars so it would be embarrassing. That she will be if that is the case over turned. In that case and that's likely to be a very very important case -- these hearings because it brings to the four. The issue of empathy which the president has of course -- so much about. The question is where was her empathy for frank priests who is a very sympathetic. Plaintiff in this case."

" What have ever jurisprudence on property rights. Richard Epstein wrote an article in Forbes recently arguing that. -- one case that she had decided extended the reach. Beyond the very controversial Q decision. Yes that."

" Was a case that you know on the facts is absolutely shocking. Of these cases called. Didn't do or die and the village of port Chester. It seems that so. The plaintiff is and that in that case. Mr. died and I wanted to build a pharmacy on land that he owned. That was under redevelopment. By port Chester. And under the control of one Greg -- officer. So. Tighten them. Oh presented this plan to mister -- and wants -- told him. That he'd approve the project if died and paid him 800000 dollars or gave him a partnership. Interest. And the implicit or else was that that he would. Refused to. To. Approve the job. Deeper of the plan. And I asked the city to condemn the village and would put up a pharmacy himself and that's exactly what happened. Unfortunately this is not one of those cases where. Georgia sort of Meyer saw nothing wrong and essentially. In a summary way approve that for -- it was a and egregious abuse of the takings clause which provides that. No property shall be taken except for public -- and upon payment of just compensation. And soon this is just one more example there's another example to. That it came down just in January it's a gun control case and this is interesting politically. Because there may be -- opportunity here for the Republicans. To exploit the concern. Of red state Democrats. In the Senate. Who. Live in areas where guns are very important. The decision came down to the Second Amendment this was."

" After the Heller decision. On which the Supreme Court found the Second Amendment protects the individual's right to keep and bear arms. In this case. Just judge so -- in the panel she says and held the Second Amendment does not apply against the states. And so here is one more case that is likely to tomorrow during the hearings. That ninth circuit. Has already incorporated the Second Amendment that's correct the night circuit is -- Second Amendment. Does apply against the states and interestingly. On the very day that President Obama nominated. Johnson reminder. In Chicago the seventh circuit the case was brought. For the seventh Circuit Court of Appeals raising just this question. Namely whether the Second Amendment does apply against the states what does this nomination mean to Republican Party that is. I think quietly agreed to be in. Remarkable to -- or -- this is an interesting opportunity. If he sees it. For the Republican Party. Because they're having trouble right now. Making clear what it is that they stand for. This is going to be tough for them because they've got a very sympathetic nominee. Person whose life story is very attractive. And of course she is and Latina. And that means that -- There -- up against the problem of the Hispanic or Latino vote. Being largely democratic these days. If they handle it carefully. They can stay -- Positions that they stand for with respect to the constitution. Individual liberty and limited government. Because she will not be on firm ground in these areas and so. It's up to them to do that it's going to be difficult though not least because. The numbers oh on the Senate Judiciary Committee are twelve to seven. Never in recent memory has it been so unbalanced on that committee. So they're going to be having far fewer chances. To them bring their points out. The Democrats are going to have to answer them."

" Roger Pilon is vice president for legal affairs at the -- to restitution. You can read more of his work on the Supreme Court that Kato got to work."