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Citizens United Reargued Next Week

The Constitutional Accountability Center has a post on what's at stake:

The case involves a film, Hillary: The Movie, that was produced by Citizens United, a conservative, non-profit corporation, to coincide with the 2008 presidential primary season. The case began as a fairly sleepy challenge to the Federal Election Commission’s (FEC’s) decision to treat the film’s production and release as corporate electioneering subject to campaign finance regulations, but was transformed by an order issued by the Supreme Court on June 29th. Here are five reasons why Citizens United is now a truly momentous case:

[More...]

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Is Justice Stevens Retiring?

The AP reports Supreme Court Justice John Paul Stevens, age 89, has only hired one law clerk for the next term, prompting speculation he is retiring.

Usually by now, justices have hired four clerks. Retired justices are alloted one clerk.

In response to a question from The Associated Press, Stevens confirmed through a court spokeswoman Tuesday that he has hired only one clerk for the term that begins in October 2010. He is among several justices who typically have hired all four clerks for the following year by now. Information about this advance hiring is not released by the court but is regularly published by some legal blogs.

Stevens did not say whether he plans to hire his full allotment of clerks or whether he will leave the court at the conclusion of the term that begins next month. Retired justices are allowed to hire one clerk.

While some say the hiring of law clerks is not a sure-measure gauge of future plans, others say in this instance, it could be significant.

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Advice And Consent: A Final Word

I have written a lot about the Senate's role of Advice and Consent for a President's judicial nominations. A final word of thanks to Senate GOP leader Mitch McConnell:

Senate Minority Leader Mitch McConnell, R-Ky., has used debate over Sonia Sotomayor to argue that Democratic opposition to Bush administration judicial nominees reduced the deference GOP senators are now obliged to give a president's judicial picks, freeing them to oppose nominees on philosophical grounds.

(Emphasis supplied.) As I have written often, that is as it should be. Thank you Senator McConnell for making it the conventional wisdom.

Speaking for me only

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Sotomayor Confirmed As First Latina Supreme Court Justice

The vote was 68-31. In addition to all Democrats and Independents (with the exception of Ted Kennedy, still absent due to his health), 9 Republicans also voted in favor - Voinovich, Bond, Martinez, Alexander, Graham, Collins, Snowe, Gregg and Lugar.

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Sotomayor Confirmation Vote

It is scheduled for 3 pm. You can watch on C-Span2 or online here.

According to C-Span, there are 67 committed Yes votes and 31 No votes. Ted Kennedy is listed as a committed Yes vote so perhaps he will be appearing for the vote.

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Sotomayor Confirmation Debate

You can watch it on C-Span 2 or online here.

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Sotomayor Nomination Senate Floor Debate And Vote

It starts today at 10 am EST. You can watch it on C-Span2 or online here.

I believe a vote is scheduled for the end of the day tomorrow. The Sotomayor nomination should capture around 66 Aye votes - 58 Dems (assuming Kennedy and Byrd vote), 2 Independents and 6 Republicans (Graham, Lugar, Snowe, Collins, Alexander and Martinez) though I suppose Voinovich of Ohio may also vote Aye. 34 Republicans will likely vote No for the first Latina nominee to the Court.

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Franken On Right Wing Judicial Activism

Just saw this.

The Al Franken Decade off to a great start.

Speaking for me only

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Judiciary Committee Votes 13 to 6 For Judge Sotomayor

Only one Republican on the Senate Judiciary Committee voted in favor of Judge Sonia Sotomayor's nomination to the Supreme Court. It was Sen. Lindsay Graham. The final vote was 13 to 6.

Judge Sotomayor will undoubtedly be confirmed when the full Senate votes.

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Lindsey Graham Announces Support Of Sotomayor

Consistent with his deferential approach to a President's Supreme Court nominations, Sen Lindsay Graham (R-SC)announced his support of the confirmation of Judge Sonia Sotomayor to the Supreme Court:

Graham, in a floor speech, said he believes Sotomayor is a “mainstream” jurist who “is bound by the law.” He said he was “voting for her because I find her to be well-qualified. Elections matter and those that have served beside her for years find her to be an extraordinary woman.”

Kudos to Graham for his consistency on this issue. I disagree with him with regard to the deference due the President on judicial appointments, but at least he was not a hypocrite, like Jon Kyl.

Speaking for me only

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Kyl Reverses Himself On Evaluating Judicial Appointments

Jon Kyl (R-AZ) announced his opposition to the confirmation of Judge Sonia Sotmayor for the Supreme Court. Certainly his right to do so. I have argued that the Senate owes the President no deference on judicial appointees. And this is not the first time Kyl blocked a Latino nominated by a Democratic President. Kyl was a part of the GOP cabal that blocked the confirmation of Clinton nominated appeals court judge Richard Paez (Paez was eventually confirmed.) But it is a reversal from Kyl's stated views on the deference due to a President's choice for the Supreme Court. When it was Judge Alito, Kyl was outraged that Democrats would vote no:

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GOP Senators Snowe, Martinez Announce Support For Sotomayor

U.S. Senator Mel Martinez (R-FL) today issued the following statement regarding his intent to support the confirmation of Judge Sonia Sotomayor to be Associate Justice on the United States Supreme Court.

"Given her judicial record, and her testimony this week, it is my determination that Judge Sotomayor is well-qualified to serve as Associate Justice of the United States Supreme Court. "Judge Sotomayor is knowledgeable of the law, would be a fair and impartial judge, and seems to have a good understanding of the limited role the judiciary plays in our democracy.

"Judge Sotomayor's rise to the Supreme Court is testimony to the fact that the American dream continues to be attainable. As an Hispanic American, I take great pride in Judge Sotomayor's historic achievement. Given her qualifications and testimony this week, I intend to vote in favor of her confirmation."

When I get copy of Senator Olympia Snowe's statement announcing her support for Sotomayor, I will post it here.

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