BREAKING NEWS: Sotomayor Supports Letting FELONS Vote

This is devestating.  In 2006, Sotomayor dissented on this case, arguing that because Latinos and Blacks make up a disproportionate portion of the prison population (because they commit a disproportionate amount of the crime) they are covered under the Voting Rights Act.  This argument is patentedly absurd on it's face, not to mention it's sheer nuttieness.

Anyone who thinks felons are covered under the Voting Rights Act has NO BUSINESS on the Supreme Court.  The last thing we need are politicians pandering to felons.

As a sidenote, this is another reason the abomination that is the Voting Rights Act should be repealed.

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www.scotusblog.com/wp/judge-sotomayors-appellate-opinions-in-civil-cases/

Sotomayor joined the main dissent from the en banc court’s decision but also wrote a short dissenting opinion of her own in which she opined that the issue was actually much simpler than the majority and concurring opinions would suggest:  the VRA “applies to all ‘voting qualifications,’” and - in her view - the state law “disqualifies a group of people from voting.”  “These two propositions,” she concluded, “should constitute the entirety of our analysis.”  Rejecting what she regarded as the majority’s failure to grapple with the plain text of the statute, she emphasized that “[t]he duty of a judge is to follow the law, not to question its plain terms. I do not believe that Congress wishes us to disregard the plain language of any statute or to invent exceptions to the statutes it has created. . . .  But even if Congress had doubts about the wisdom of subjecting felony disenfranchisement laws to the results test of § 2, I trust that Congress would prefer to make any needed changes itself, rather than have courts do so for it.”

 Did she want to give felons the right to vote? Or does this mean something else??

Another aspect of her questioning

should be her position and perspective on allowing felons to vote. It will be interesting if she will answer on this one, as she is undoubtably being groomed as I write on how not to answer a question, when asked a question.

Althought the writing is pretty much on the wall that she will being confirmed (she's already been coronated by the press and of course most Democrats) , it would make sense for Republican senators to ask her position on this question, as the American people need to see what kind of judge Obama has given us.  Thank you for finding this, and I hope that somebody will pick up on this.

KEYWORD: Felon Disenfranchisement

From Wiki:

Today, only two states continue to impose a life-long denial of the right to vote to all citizens with a felony record, absent some extraordinary intervention by the Governor or state legislature. These are Kentucky and Virginia. In 2007, Florida moved to restore voting rights to convicted felons. In July, 2005, Iowa Governor Tom Vilsack issued an executive order restoring the right to vote for all persons who have completed supervision. On Oct 31, 2005 Iowa's Supreme Court upheld mass restoration of felon voting rights. Nine other states disenfranchise ex-felons for various lengths of time following the completion of their probation or parole. Almost every state prohibits felons from voting while incarcerated, on probation, or on parole. In the state of Kentucky you can now have your rights restored after the completion of your sentence or parol.

It was news to news to me, too.

 

Whatever the rationale, this is troubling

This suggests that she is all ears to any and all "racial disparity" arguments raised by people challenging race neutral law enforcement policies.

Here in CT parole was restricted after the Cheshire massacre in 2007.  There was then an outcry from various people in minority neighborhoods. Upon further review it was apparent many of the angered people were parents of inmates.  Ironically, although the impetus to tighten parole in CT came from an atrocity committed by two white guys in the suburbs,  the history of Giuliani's NYC demonstrates the beneficiaries of more realistic  law enforcement strategies  have a beneficial "disparate impact" on  neighborhoods of color.

Let's find out if the "wise Latina"  can bring her life experience to the table here; since her risk of being a crime victim in the West Village declined substantially after the powers that be in her community let the police do their job .

As an aside, doesn't it stand to reason that to the extent we add convicts to the voter rolls the voting bloc against law enforcement is likely to grow?   How is that a good thing?   

Dirty not so little secret

who will be enhanced by the allowance of felons to vote, the Republicans?

I don't think so. We all know the answer to this one. The ones with a 'D' after their names.

"Birds of a feather...."

 

Cahnnman thinks refusal to engage in acticism is "devastating"

Lordy, lordy - this is rich. Another case wherein Sotomayor dissents from the majority and criticizes the majority for engaging in judicial activism, and Conman thinks it is "devasating" to her chances.

Here is a suggestion - don't believe every bit of spin you read in the The Washington Times.

Here is Sotomayor's entire dissent in Hayden v. Pataki. (Conman, I've highlighted the important words for you to make it easier.)

I join in Judge Parker's dissent, and write this separate opinion only to emphasize one point.  I fear that the many pages of the majority opinion and concurrences — and the many pages of the dissent that are necessary to explain why they are wrong — may give the impression that this case is in some way complex.  It is not.

 It is plain to anyone reading the Voting Rights Act that it applies to all "voting qualification[s]." And it is equally plain that § 5-106 disqualifies a group of people from voting.  These two propositions should constitute the entirety of our analysis.  Section 2 of the Act by its unambiguous terms subjects felony disenfranchisement and all other voting qualifications to its coverage.

The duty of a judge is to follow the law, not to question its plain terms.  I do not believe that Congress wishes us to disregard the plain language of any statute or to invent exceptions to the statutes it has created.  The majority's "wealth of persuasive evidence" that Congress intended felony disenfranchisement laws to be immune from scrutiny under § 2 of the Act,  Maj. Op. at 322, includes not a single legislator actually saying so.  But even if Congress had doubts about the wisdom of subjecting felony disenfranchisement laws to the results test of § 2, I trust that Congress would prefer to make any needed changes itself, rather than have courts do so for it.

I respectfully dissent.

A plain rejection of judicial activism - and Conman goes bananas.

 

 

"activist judge" is just rhetoric, apparently

In this case, Sotomayer clearly comes down AGAINST judicial activism and rails against the other justices for not following the plain wording the law in question and choosing instead to create new law from the bench.

Clearly, some people have no problem with "judicial activism" as long as the judges are activist in the way they think is politically appropriate. 

This may be relevant to the consideration

This decision is from a district court in the 2nd Circuit applying CT's statutory "plain meaning" law.

 

 

The meaning of a statute is plain and unambiguous only when the “meaning that is so strongly indicated or suggested by the statutory language as applied to the facts of the case that when the language is read as so applied, it appears to be the meaning and appears to preclude any other likely meaning.”

Also, consider this

Additionally, “‘[i]n the interpretation of a statute, a radical departure from an established policy cannot be implied. It must be expressed in unequivocal language.’”Rivera v. Comm’r of Corr., 254 Conn. 214, 242 (2000) (citation omitted). “‘Furthermore, there is a presumption that an amendatory act does not change the existing law further than is expressly declared or necessarily implied.’” Id. (citation and footnote omitted).

 

The problem herein is Judge Sotomayor found the Voting Rights Act unambigious in mandating that felons had the right to vote; and her colleagues didn't. Why was this so obvious to her and not the court's majority?   Perhaps a question could be posed that if the application of a statute placed a disportionate impact on another group in society  (such as requiring foreign language ballots in rural upstate counties with few immigrants) would this Judge be so quick to find the same sort of "plain meaning" in the statute?

take a step back for a second

Is voting a basic right? If it is, then the assumption must be that all citizens have that right unless it is specifically removed by law.

Voting rights among felons vary widely from state-to-state, so there is no real common standard that can be applied. Look at the range...

 

Felons can vote, even when in prison - 2 states

Felons can vote when no longer in prison - 13 states

Felons can vote when parole is completed - 5 states

Felons can vote when probation is finished - 18 states

Felons may never be able to vote again after a conviction - 12 states 

 

Obviously the best result is somewhere between the two extremes, but it's obvious that there is no consensus on the state level as to what that result may be. Therefore, the restriction of voting rights for felons needs to be explicitly legislated rather than presumed and dictated from the bench.

Hey, does anybody know...

...if an associate justice of the Supreme Court should, or could recuse themself from hearing cases they ruled upon as Federal Appeals Court  judges? It seems like it to me, they should be required too as a simple matter of fairness, or is that asking too much?

 Secondly, is Sotomayor is appointed to the Supreme Court, are we going to lose the right to bear arms?

ex animo

davidfarrar

So, She's Wrong for Exercising Judicial Restraint????

You guys are missing the boat on the felon voting case. The issue was presented in a "motion to dismiss." At that stage of the litigation, the law requires the court to assume the accuracy of the allegations in plaintiffs' complaint complaint and to decide whether the defendant is liable (even if the facts are true). So, assuming that NY elections law regarding felons constitutes a systematic exclusion of black and Latino voters, the question the court considered was whether the Voting Rights Act covers this situation.  Section 2 of the Voting Rights Act covers "any" law or policy that dilutes the votes of a racial group.  It contains NO exceptions. The majority explicitly states that it is looking beyond the plain meaning of the statute -- something conservatives claim to abhor -- in order to create an exception.  So, is Sotomayor a "radical" scary liberal or are we conservatives being hypocritical? Unfortunately, I think we are being hypocritical.

The same problem exists with the gun case. The Supreme Court has never reversed its earlier rulings which hold that the Second Amendment does not apply to state laws, and it only announced that the Second Amendment establishes an individual right last year in a very close 5-4 ruling. But now, the NRA is upset because Sotomayor did not vote to overrule the Supreme Court and to announce a new right against state governments. Again, these are not conservative principles. We need to be consistent and informed!

Hypocrisy Alert: Conservatives Angry That Sotomayor Is Not a Judicial Activist (Part II)