Analysis: Sotomayor record thin on executive power
Headline News
Supreme Court nominee Sonia Sotomayor's thin record on the limits of presidential power suggests she will be neither reflexively hostile to broad expansion of a president's authority nor a reliable rubber stamp in support of it.
Three cases in particular offer clues:
_ As a judge on the 2nd Circuit U.S. Court of Appeals, Sotomayor dismissed complaints of commuters about random searches aimed at stopping terrorists on a ferry 300 miles north of New York City.
_ Citing an earlier ruling by the Supreme Court on the same topic, she upheld President George W. Bush's decision to prohibit U.S. aid to international family planning groups that support abortion.
_ On the other hand, Sotomayor joined colleagues in striking down parts of the anti-terror USA Patriot Act that Bush sought automatically prohibiting Internet service providers from telling customers when the government asks for private information about them.
Sotomayor has ruled in only a handful of foreign policy and national security cases that turned in part on constitutional limits to the powers enjoyed by the president, including the government's ability to respond to the threats, fears and vulnerabilities laid bare by the Sept. 11, 2001, terrorism attacks.
In those rulings, as well as a speech she gave in 2003 at the Indiana University law school, she appeared to be more willing to consider robust use of presidential authority than was Justice David Souter, the man she would replace.
Souter, who retired last week, was among the justices most skeptical of the powers asserted by the Bush administration following Sept. 11.
While Sotomayor has leaned heavily on earlier court decisions to support her rulings — as appeals court judges must — she soon could face potentially groundbreaking cases on national security if President Barack Obama asserts executive authority to continue detaining suspected terrorists.
Obama's far-reaching steps to deal with the economy also could provoke legal challenges that could make their way to the high court. The justices recently rejected a bid to stop Chrysler LLC's sale of most of its assets to Italian automaker Fiat.
Related listings
-
Lawyers' group: Sotomayor well qualified for court
Headline News 07/07/2009Supreme Court nominee Sonia Sotomayor earned a "well-qualified" rating from the American Bar Association on Tuesday as she prepared for Senate hearings next week.The ABA committee that reviewed her qualifications came out with that unanimous rating o...
-
Group sends Sotomayor docs to Senate
Headline News 07/01/2009A Puerto Rican legal advocacy group late Tuesday sent a trove of documents from Supreme Court nominee Sonia Sotomayor's past to the Senate panel considering her nomination. Latino Justice PRLDEF sent the Judiciary Committee more than 350 pages of doc...
-
Court to decide Miranda warning expansion
Headline News 06/22/2009The Supreme Court will decide whether a suspect has to be told that he has a right to have a lawyer present during questioning by police. The court on Monday agreed to hear an appeal from Kevin Dwayne Powell, who was convicted of being a felon in pos...
Grounds for Divorce in Ohio - Sylkatis Law, LLC
A divorce in Ohio is filed when there is typically “fault” by one of the parties and party not at “fault” seeks to end the marriage. A court in Ohio may grant a divorce for the following reasons:
• Willful absence of the adverse party for one year
• Adultery
• Extreme cruelty
• Fraudulent contract
• Any gross neglect of duty
• Habitual drunkenness
• Imprisonment in a correctional institution at the time of filing the complaint
• Procurement of a divorce outside this state by the other party
Additionally, there are two “no-fault” basis for which a court may grant a divorce:
• When the parties have, without interruption for one year, lived separate and apart without cohabitation
• Incompatibility, unless denied by either party
However, whether or not the the court grants the divorce for “fault” or not, in Ohio the party not at “fault” will not get a bigger slice of the marital property.