Furthermore, even if an RFRA claim were disputed, the defendant would still prevail because the dispute was between private religious parties and did not involve a governmental entity, which RFRA requires. Judge Sotomayor further argued that, even if RFRA could apply to suits between private parties as a general matter, it was still irrelevant to the instant case because Congress did not intend the ADEA to apply to employment disputes between a religious entity and its spiritual leaders.
Giordano , F. Giordano was convicted of depriving individuals of their civil rights under color of state law and of using a facility of interstate commerce for the purpose of enticing a person under the age of sixteen to engage in sexual activity.
With respect to the first of these counts, Judge Sotomayor ruled that the evidence supported a conclusion that Giordano had acted under color of state law, as he had relied upon his authority as mayor to intimidate his victims into submitting to him and remaining silent about his abuse. He had therefore misused his official power to make the civil rights violations possible. Consistent with Second Circuit precedent, the Court held that the national telephone network is such a facility.
Empire Healthchoice Assurance, Inc. McVeigh , F. Empire HealthChoice sought reimbursement for the benefits it had paid, arguing that a provision in the federal insurance plan required reimbursement when the beneficiary is compensated for an injury by a third party.
Judge Raggi dissented. After the decision was issued, the United States filed a brief urging the Court to reconsider. Judge Sotomayor, again joined by Judge Sack, denied the request for a rehearing. See U. The Supreme Court's opinion in this case. Riverkeeper Inc. United States Environmental Protection Agency , F3d 83 - Sotomayor found in favor of environmental group Riverkeeper who challenged an EPA ruling on the Clean Water Act's "best technology" rule involving power plants need to intake water as weighed against the risk to aquatic life in surrounding waters.
In her ruling, she held "Congress has already specified the relationship between cost and benefits in requiring that the technology designated by EPA be the best available. Falso F. Falso was connected to a child pornography site and was convicted, 18 years before this case, of sexually abusing a minor. Suspecting a connection between internet searches of child pornography and possession of child pornography, the police obtained a warrant and subsequently searched Falso's house, seizing enough child pornography to sentence Falso to 30 years in prison.
On appeal, Judge Sotomayor found that the police did not have probable cause. Any connection between Falso and possession of child pornography was too speculative. However, the evidence obtained was still admissible because of the good faith exception. Since the police had an objectively reasonable reliance on the warrant, the evidence could be permitted.
Hence, Judge Sotomayor upheld the ruling of the district court. Ricci v. DeStefano , F. The Second Circuit voted not to hear the case en banc, and the case is now before the Supreme Court. The Ricci decision has been the subject of some controversy.
Second Circuit Judge Barrington D. In a decision, the Supreme Court of the United States overturned the decision stating the decision to cancel the promotions violated the Equal Protection Clause of the Fourteenth Amendment as well as Title VII of the Civil Rights Act which guarantees equal employment opportunity. The Court found that Sotomayor's ruling would allow the city to "experiment" with tests until they found one that produced "a more desirable racial distribution.
Maloney v. Cuomo , F. The state of New York, acting under a statute prohibiting the possession of "chucka sticks," seized and destroyed the plaintiff's "chucka sticks" upon being discovered in his private residence. Against the plaintiff, the Second Circuit ruled that the statute was constitutional.
Because the Second Amendment has not yet been incorporated, or made law for all states, New York was within its right to curb the possession of such weapons as "chucka sticks. The Supreme Court has reversed Judge Sotomayor in seven instances where it granted certiorari to review an opinion she authored.
In three of these reversals, the Court held that Judge Sotomayor erred in her statutory interpretation. In one case, the Supreme Court vacated a judgment Judge Sotomayor made and remanded the case back to the Second Circuit in which the Second Circuit issued a reversal on its original ruling.
The Supreme Court reversed Sotomayor's ruling in a decision, saying that Sotomayor's interpretation of the "best technology" rule was too narrow. Sotomayor orginally ruled that the Environmental Protection Agency may not engage in a cost-benefit analysis in implementing a rule that the "best technology available" must be used to limit the environmental impact of power plants on nearby aquatic life.
Justices Stevens, Souter, and Ginsburg dissented, siding with Sotomayor's position. Dabit , U. Justice Stevens found, based on the Court's earlier cases broadly relevant language in other contexts, that Congress intended to eliminate state-law class action remedies for stockholders who also lacked a remedy under federal law. The European Community vs. RJR Nabisco S. At issue was the matter of foreign enities suing US companies.
The Court declined to address the RICO allegations and remanded the case back to the Second Circuit for reconsideration in light of the opinion in Pasquantino v. United States. Some technology-related legal experts believed the ruling might benefit international e-commerce. Correctional Servs. Malesko , U. Reversing, the Supreme Court held that Bivens only applied to federal employees and that an extension of Bivens was only appropriate for cases where no other remedy remained.
Here, the defendant was a private contractor and not a federal agency. Chief Justice Rehnquist held that if Congress wished to extend the scope of liability then it was up to them and not the judiciary. Also, the former inmate had access to effective remedies since he had full access to remedial mechanisms established by the Bureau of Prisons.
New York Times, Inc. Tasini , U. Ballotpedia features , encyclopedic articles written and curated by our professional staff of editors, writers, and researchers. She wrote that the amendment takes away the ability of university board members to create admission standards that aid minorities but allows ones that aid athletes and legacies, effectively creating uneven admission standards.
During more than a decade as a circuit court judge, Sotomayor heard appeals on more than 3, cases and wrote in excess of opinions for the majority. She had five of those decisions reviewed by the United States Supreme Court , with three of them overturned and two upheld. A survey by University of Texas at Austin law professor Stefanie Lindquist found her judgeship to have been moderate with respect to political leanings.
Lindquist studied her majority opinions from to and found that 38 percent of her opinions could be clearly defined as liberal, while 49 percent of them fell clearly on the conservative end of the spectrum. She tended to be more conservative in criminal cases, where Supreme Court precedent encourages appellate judges to be pro-prosecution.
On civil rights issues such as race, gender, and immigration, on the other hand, Lindquist's study found that Sotomayor tended to be more liberal. Sotomayor joined a finding in favor of the city of New Haven rejecting a lawsuit filed by 17 white firefighters and one Hispanic firefighter claiming race discrimination by the city.
New Haven denied promotions following a promotion examination that yielded no black candidates eligible for advancement. In a decision, the Supreme Court of the United States overturned the decision, stating the decision to cancel the promotions violated the Equal Protection Clause of the Fourteenth Amendment as well as Title VII of the Civil Rights Act , which guarantees equal employment opportunity.
The court found that Sotomayor's ruling would allow the city to "experiment" with tests until they found one that produced "a more desirable racial distribution. Sotomayor found in favor of environmental group Riverkeeper, which challenged an EPA ruling on the Clean Water Act's "best technology" rule involving power plants' need to intake water as weighed against the risk to aquatic life in surrounding waters. In her ruling, she held: "Congress has already specified the relationship between cost and benefits in requiring that the technology designated by EPA be the best available.
Bush R —Sotomayor found that the federal government is within its rights to deny federal aid to foreign organizations that support or perform abortions. She dismissed claims by the Center for Reproductive Law and Policy that the Mexico City Policy violated the First Amendment right to association as well as Fifth Amendment rights to due process and equal protection.
In her finding, Sotomayor cited the Foreign Assistance Act of , which authorizes the president "to furnish assistance, on such terms and conditions as he may determine, for voluntary population planning," as well as multiple Supreme Court precedents.
In her decision, Sotomayor wrote, "The Supreme Court has made clear that the government is free to favor the anti-abortion position over the pro-choice position, and can do so with public funds. In this case, Sotomayor found that an inmate living in a halfway house could sue a government contractor for forcing him to climb five flights of stairs despite a heart condition after the inmate suffered a heart attack, fell down the stairs, and injured himself.
Sotomayor held "extending Bivens liability to reach private corporations furthers [its] overriding purpose: providing redress for violations of constitutional rights. The Supreme Court overturned Sotomayor's decision in a 5 to 4 ruling, stating that only individual agents, not corporations, could be sued for such violations. Sotomayor wrote several high-profile rulings regarding the Major League Baseball strike of , the Wall Street Journal' s publishing of the suicide note left by former Clinton White House counsel Vince Foster, and copyright issues related to a trivia book about the television show Seinfeld.
As a federal district judge, Sotomayor had one of her decisions overturned by the Supreme Court of the United States. The case is often used in law schools as a modern application of the fair use doctrine.
Sotomayor ruled in favor of The New York Times when it was sued by freelance journalists claiming the newspaper did not have the right to include their work in the electronic archival database LexisNexis. Judge Sotomayor's decision to grant a temporary injunction against the Major League Baseball owners on March 31, , ended the day baseball strike of The injunction prevented the owners from installing replacement players and temporarily reinstated a five-year-old collective bargaining agreement allowing the season to take place and allowing players and owners to come to a new agreement nearly a year later.
In , Judge Sotomayor ruled in favor of the Wall Street Journal , allowing the newspaper to print a photocopy of the final note written by Clinton White House deputy counsel Vince Foster, who died in Sotomayor ruled that the public interest in the Foster story outweighed any violation of his family's privacy.
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DeStefano, F. Riverkeeper Inc. United States Environmental Protection Agency, F3d 83 Sotomayor found in favor of environmental group Riverkeeper, which challenged an EPA ruling on the Clean Water Act's "best technology" rule involving power plants' need to intake water as weighed against the risk to aquatic life in surrounding waters.
Center for Reproductive Law and Policy v. Malesko v. Correctional Services Corporation, F3d In this case, Sotomayor found that an inmate living in a halfway house could sue a government contractor for forcing him to climb five flights of stairs despite a heart condition after the inmate suffered a heart attack, fell down the stairs, and injured himself. Castle Rock Entertainment, Inc. Carol Publishing Group, F. Franks , providing that a public university employee could not be fired for providing truthful in-court testimony.
Sonia Sotomayor, - is an associate justice of the U. Supreme Court who has also served as a federal district court and a federal appeals court jurist in her career. Since her appointment to the Court in , Sotomayor generally has been a consistent defender of First Amendment values on the bench. She then earned her undergraduate degree from Princeton University, graduating summa cum laude. After her law school graduation, Sotomayor served as an assistant district attorney in New York beginning in In , she entered private practice with a commercial litigation law firm.
In , President George H. Bush appointed her to the U. Circuit Court of Appeals. In , President Barack Obama appointed her to the U.
Supreme Court. Congress confirmed her by a vote of 68 —
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