Supreme Court nominee Judge Sonia Sotomayor, 54, is a dyed-in-the-wool New Yorker: She grew up in public housing in The Bronx, arguably the city’s least glamorous and most gritty borough; she is a “cultural Catholic,” meaning she was born into the faith but is not a regular church-goer; divorced and childless, she gets home between 9:30 or 10 p.m. and subsists on take-out, because who wants to cook and clean up that late?; she is a fan of the Bronx Bombers, and enjoys shopping and going to theatre and dance performances; she’s gutsy, once accompanying police on a raid of a suspected counterfeit goods outfit in Harlem; and she can be royal pain in the butt. In other words, she’s a lot like many of the women The Stiletto knows (a few of whom also grew up in The Bronx, or another of the outer boroughs).  

The New York Times explores this last NY trait, and who’s got a problem with it – that is, how her judicial temperament could help or hurt her working relationships with the eight Supreme Court Justices who may soon be her colleagues:

She is known as a formidably intelligent judge with a prodigious memory who meticulously prepares for oral arguments and isn’t shy about grilling the attorneys who appear before her to ensure she fully understands their arguments.

But to detractors, Ms. Sotomayor’s sharp-tongued and occasionally combative manner - some lawyers describe her as “difficult” and “nasty” - raises questions about her judicial temperament and willingness to listen. …

Judge Sotomayor’s colleagues on the United States Court of Appeals for the Second Circuit say her tough and direct questioning reflect engagement and, sometimes, an attempt to persuade her colleagues.

Those same qualities, coupled with a gregarious personality, they said, make her a powerful force behind the scenes, where she has used her mastery of the cases to change minds, improve opinions and forge consensus.

The issue of judicial temperament also came up 22 years ago during Robert Bork's confirmation hearing - but it’s a bit different this time, reports McClatchy Newspapers:

White House officials consider Sotomayor's take-no-guff temperament a sign that she can hold her own among the Supreme Court's aggressively conservative justices, starting with Antonin Scalia. They also know, however, that too much feistiness can undercut coalition building. Quietly, they surveyed Sotomayor's appellate court colleagues about her temperament, among other things.

With Bork, said David Yalof, a University of Connecticut associate professor, judicial temperament "was a proxy" for doubts about Bork's ability to empathize with the poor and underprivileged. With Sotomayor, by contrast, critics suggest that it's the actual temper that's the issue.

Sotomayor’s story will likely have a different ending than Bork’s, but by a quirk of the high court’s calendar the Senators who will vote her up or down will have highly relevant information about how well she will mesh with the other Justices.

By the end of the month – well before her confirmation hearing is anticipated to get under way – the Supreme Court is expected to overrule Sotomayor appellate court ruling in a civil rights lawsuit involving several white and one Hispanic firefighter to were denied promotions by the city of New Haven, CT, after getting higher scores on a test that no blacks had passed, reports the Los Angeles Times:

Sotomayor was part of a three-judge panel that, in a two-paragraph opinion, rejected an appeal by white firefighters from New Haven., Conn., who contended that they were victims of racial discrimination when they were denied promotions. …

The high court is thought to be divided on the case, which pits two provisions of the Civil Rights Act against each other.

On the one hand, the act says no employee may be discriminated against because of his or her race, sex, religion or national origin. On the other hand, the law also says an employer can be sued for using a hiring or promotional standard that has a "disparate impact on the basis of race," unless it can be defended as a "business necessity."

The white firefighters pointed to the first provision and said they were discriminated against when the city decided not to use the test scores for awarding promotions.

The city's lawyer pointed to the second provision and said New Haven could be sued by black firefighters who said the test had a "disparate impact" on them and their chances for promotion. Could the city defend itself, he asked, by proving that a paper-and-pencil test was the best and only reasonable way to decide who gets promoted to lieutenant or captain?

Reading the majority and minority opinions in the case will provide a rare look into the crystal ball to predict whether and how Sotomayor’s judicial philosophy and legal reasoning will influence her high court colleagues before she joins their ranks – as well as whether the court’s most junior justice will be successful in persuading Justice Anthony Kennedy to swing her way on a consistent basis.

Abortionist Gunned Down In Church

George Tiller, one of the few abortionists in the U.S. willing to perform the procedure during advanced stages of pregnancy, was shot dead in the lobby of Reformation Lutheran Church in Wichita, KS, yesterday morning, reports The Washington Post:
 

Tiller, 67, had performed abortions since the 1970s. He ran the Women's Health Care Services clinic, one of three in the nation to perform abortions after the point when a fetus is considered able to survive outside the womb.

The clinic had been the scene of frequent abortion protests - some peaceful, some not - and had served as the national focal point of antiabortion activists during Operation Rescue's "Summer of Mercy" protests in 1991.

Tiller was shot in both arms in 1993 by abortion protester Rachelle "Shelley" Shannon, who remains in prison for the crime. …

In March, the physician was acquitted of criminal charges that he performed late-term abortions without properly obtaining a second medical opinion.

A disturbing obituary, to be sure. But while Tiller did his killing in his clinic the man who murdered him committed his heinous act of vengeance in G-d’s house. Tiller’s life was not his to take, and neither was the revenge for the lives Tiller took. No murderer ever does G-d’s work.

President Barack Obama, and activists on both sides of the abortion debate denounced the murder:

"Dr. Tiller's murder will send a chill down the spines of the brave and courageous providers and other professionals who are part of reproductive-health centers that serve women across this country," said Nancy Keenan, president of NARAL Pro-Choice America, who pledged support for "providing these essential services."

Operation Rescue President Troy Newman, whose group is based in Wichita and whose Web site carries a "Tiller Watch" feature, said he was "shocked" by the killing.

"Operation Rescue has worked for years through peaceful, legal means, and through the proper channels to see him brought to justice," Newman said in a statement. "We denounce vigilantism and the cowardly act that took place this morning."

For its part, MediaBistro blog TVNewser notes that FOX News commentator Bill O’Reily has been shining a spotlight on Tiller for almost three years:

As recently as May 12, O'Reilly discussed Tiller and his support of Kansas Gov. Kathleen Sebelius. "She supported Tiller the baby killer out there," he said to a guest, adopting a name critics had been using for years. …

The show first began looking into whether Tiller performed illegal abortions and covered up child rape cases. In November, 2006 O'Reilly reported Tiller had performed late-term abortions to alleviate the pregnant woman's "temporary depression." …

TVNewser has learned O'Reilly will give his first public comment on Dr. Tiller's murder tomorrow night on his show.

O’Reilly’s main beef with Tiller was that he enabled child rapists to go scot-free because he did not report pregnancies of minor girls to the proper authorities:

One can argue whether late-term abortion is tantamount to murder, but state laws are clear on age of consent and statutory rape and with all due respect to his grieving family, O’Reilly was justified in wanting to hold Tiller accountable for his professional ethics and personal morals.

In Memoriam

Millvina Dean, February 2, 1912 – May 31, 2009