Fair and Just Courts

Sotomayor Calls Out Prosecutor’s Attempt to ‘Substitute Racial Stereotype for Evidence’

Supreme Court Justice Sonia Sotomayor issued a statement today in connection with the denial of a cert petition for a case from Texas. She agreed with the decision not to hear the appeal, but she recognized the need to also release a statement condemning the offensive, racially charged remarks of a federal prosecutor during a drug-focused trial.  During the cross-examination of a man who testified that he was not part of and did not know about friends’ plan to buy illegal drugs, the prosecutor asked:

“You've got African-Americans, you've got Hispanics, you've got a bag full of money. Does that tell you – a light bulb doesn't go off in your head and say, This is a drug deal?”

Sotomayor called the prosecutor’s comment “pernicious in its attempt to substitute racial stereotype for evidence, and racial prejudice for reason.” She went on:

“It is deeply disappointing to see a representative of the United States resort to this base tactic more than a decade into the 21st century. Such conduct diminishes the dignity of our criminal justice system and undermines respect for the rule of law. We expect the Government to seek justice, not to fan the flames of fear and prejudice.”

Sotomayor’s powerful response highlights the critical importance of diversity in our court system.  As Justice Sotomayor noted in 2001, “our experiences as women and people of color affect our decisions.”  During her confirmation, People For the American Way Foundation documented the far right’s vitriolic reactions to Sotomayor’s insightful discussion of the ways in which her life experiences as a Latina woman inform her view of the law. 

But today’s statement is one example of what that looks like in practice.  It highlights what it looks like when a woman of color on our nation’s highest court has the power to call out blatant racism in the judicial system. 
 

PFAW Foundation

When the Judicial Nominations Process Works

The filling of an 8th Circuit vacancy is proceeding apace due to commitment and cooperation among the White House and both of Iowa's senators.
PFAW

Supreme Court to Consider Allowing Even More Money into Campaigns

The Roberts Court says it will consider a case challenging aggregate campaign contribution caps.
PFAW Foundation

Washington State Moving Forward With First Steps to Overturn Citizens United

Earlier this month, a group of state legislators, led by Sen. Adam Kline and Rep. Jamie Pedersen introduced companion bills requesting that Congress pass a constitutional amendment to return the authority to regulate election spending to Congress and state legislatures.
PFAW

Caitlin Halligan Belongs on the DC Circuit

Caitlin Halligan has excelled throughout her career and clearly understands how the law affects everyday people.
PFAW

Orrin Hatch Votes Present: Obstruction By Another Name

Orrin Hatch is exhibit A in the abuse of Senate rules to block President Obama’s nominees.
PFAW

White House Speaks Out for Judicial Nominees

After committee approval of several judicial nominees, including for the DC Circuit, the Obama Administration urges Senate action on judges.
PFAW

More Vacancies Mean More Work for DC Circuit Judges

The number of pending cases per active DC Circuit judge is far higher now than when Bush's nominees were confirmed.
PFAW

Hearing for a Diverse Group of Judicial Nominees

The nominees at today's Judiciary Committee hearing exemplify Obama's commitment to increasing personal and professional diversity in the federal judiciary.
PFAW

The D.C. Circuit Court's Fourth Vacancy

It is essential to fill the growing number of vacancies on the nation's second most important court.
PFAW

Obama Nominates Iowa’s First Ever Female Circuit Court Judge

The White House announced two new federal appeals court nominees today, Jane Kelly of Iowa to serve on the Eighth Circuit Court of Appeals and Gregory Alan Phillips of Wyoming to serve on the Tenth Circuit Court of Appeals.

Kelly’s nomination is notable for a number of reasons. If confirmed, she will become only the second woman ever to serve on the Eight Circuit Court of Appeals, which oversees seven Midwestern states, and the first from Iowa. She would also help to bring a greater diversity of professional backgrounds to the federal bench, coming to the position after a career as a highly-regarded federal public defender.

Kelly’s nomination underscores the Obama administration’s remarkable success in bringing a diversity of voices to the federal bench. A record 41 percent of President Obama’s confirmed nominees have been women and 36 percent have been people of color. In addition, Obama has nominated more openly gay federal judges than all previous presidents combined. Despite the Senate GOP’s routine stalling of the president’s nominees, he has succeeded in bringing unprecedented gender and racial diversity to the federal bench.

Both Kelly and Phillips have been nominated to vacancies that have not yet opened up (Kelly’s vacancy opens tomorrow and Phillips’ in April). If the Senate confirms them quickly it will avoid adding two more vacancies to an already over-burdened federal court system. Promptly filling the 10th Circuit vacancy  is especially critical since the 12-judge Tenth Circuit  is on track to have vacancies in one third of its seats. A nominee for one of the three current vacancies on the circuit, Robert Bacharach of Oklahoma, has been waiting over seven months for a Senate vote, despite strong support from his two home-state Republican senators.

 

PFAW

Obama Highlights Judges in Response to Filibuster Deal

The president again signals the priority he places on judicial nominations during his second term.
PFAW

Recess Appointments Ruling Shows Consequences of GOP Obstructionism

There would be no litigation on recess appointments but for Republicans' refusal to allow the Senate to vote on President Obama's nominees.
PFAW

Sotomayor Debunks Right-Wing Line on Courts

In an interview with “60 Minutes” this weekend, Supreme Court Justice Sonia Sotomayor gave one of the best debunkings I’ve seen of the Right's line that a judge should be no more than an umpire, exercising no independent judgment and facing no difficult questions. Using the politically neutral example of the 3rd Amendment, Sotomayor explains how even the most seemingly clear-cut parts of the Constitution still require interpretation by judges and Justices:

Chief Justice John Roberts made headlines when, in his confirmation hearings, he said that a judge’s job was merely to call “balls and strikes.” The comforting words of his analogy hide the fact that most of the issues the Supreme Court approaches are complex and require human judgment – that’s why they reach the Supreme Court in the first place. They also conveniently obscure the fact that the conservative bloc on the Court is plenty influenced by their own ideology – there are plenty of examples here.

Justice Elena Kagan, in her confirmation hearings, gave another great rebuke to Roberts’ flawed baseball analogy. “We know that not every case is decided 9-0,” she said, “and we know that’s not because anybody’s acting in bad faith. It’s because reasonable people can reasonably disagree sometimes. So in that sense, the law does require a kind of judgment, a kind of wisdom. “

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PFAW

Sen. Leahy Talks About Judges at Georgetown Law

The Judiciary Committee chairman condemns obstruction of qualified judicial nominees.
PFAW

Swift Renominations Show Obama's Commitment to Judicial Nominations

As soon as the 103rd Congress began, Obama renominated every judicial nominee left unconfirmed and called for their timely confirmation.
PFAW

Senators Speak Out for Judicial Confirmations

Sens. Whitehouse, Cardin, and (Tom) Udall discuss how Republican obstruction of judicial nominations is damaging the nation's system of justice.
PFAW