Supreme Difficulties: The Appointment of Sonia Sotomayor to the Supreme Court

The big story in the legal profession this week is President Obama's nomination of Judge Sonia Sotomayor to the Supreme Court.

Throughout the blogosphere, this is now a ranging controversy over her pending confirmation---which, given the current composition of the U.S. Senate, is assured...assuming that there are no hidden skeletons in her professional closet. Most of these discussions, though, appear to miss the real point. There is, to my mind, a big difference between whether someone "should NOT be confirmed" and whether they "SHOULD be appointed" in the first place: since Obama won the election, his choice should be honored in the absence of a clear reason not to confirm; but whether Sotomayor was the best nominee for the job is an entirely different question.

There's a lot about judges and the judiciary that it will be hard for non-lawyers to understand. To my mind her biggest test to date was Ricci v DeStefano (the New Haven firefighters case), which is, in many ways, a lesson in what is wrong with the American judicial system today.

In a nutshell...she was on a panel that gave very short shrift to the argument of the plaintiff that he was the victim of racial discrimination when the City tossed out the results of a civil service test---which had been designed to be racially neutral---because none of the top-scoring applicants were black. The lower court decision had ruled in favor of the defendants on a motion for "summary judgment"---which means, in layman's terms, that their claim was so lacking in merit that it didn't even warrant a trial (meaning that the judges had to accept all the facts alleged as true). A colleague of hers on the Second Circuit---a liberal judge appointed by Clinton, named Jose Cabreras---was outraged that the court didn't address the issues at the heart of the case, and it was only because HE wrote a dissent to the court's denial of rehearing en banc (before the entire circuit, rather than the three-judge panel assigned to the case) that the case got much press; otherwise, it may well have been buried in the thousands of other summary dismissals that come out of the courts, another unpublished summary dismissal at the trial court level followed by a routine summary affirmance.

To my mind, this suggests one of the following: (1) she is a partisan whose rulings will come from the "empathy" she feels with one side or the other (a possibilty also suggested by her YouTube comments at a seminar a few years ago...talking about federal appeals judges "making policy"); (2) she is intellectually dishonest, and was trying to bury the case by using language usually reserved for dealing with frivolous lawsuits (I've been the beneficiary of that myself often enough to recognize it...though the Michigan Court of Appeals has been better about trying to hide "tough" cases in superficial opinions in the last fifteen years or so); or (3) she can't recognize a "big issue" when it hits her in the head. Any of these would have meant that I wouldn't have appointed her, if I were the president. But none of them is a disqualification from office---nor, sadly enough, uncommon among judges in this day and age.

Having said that...I haven't studied the body of her work well enough to know whether the Ricci case is an aberration, or her usual way of doing business. What I've read suggests that she is usually yeomanlike in her work, and reasonably competent in her legal scholarship. I've also read pieces suggesting that her reasoning and writing isn't very "tight" (ie, well thought out and precisely written), and that her judicial temperament leaves a lot to be desired (ie, she has a reputation for being dismissive and abusive from the bench). I suspect that much of what will be written about her in the coming days will be written with a partisan pen...and I plan to double-check any facts I read, and ignore most of the conclusions (which I usually prefer to draw for myself).

None of what is said below speaks to anything I'd regard as important in a judge: I would expect most judges to rule on both sides of First Amendment, Civil Rights, and other issues...depending on the particular facts and law governing each particular case. And, with due respect for Obama, I don't regard "empathy" as a judicial qualification: if anything, it suggests bias, unless the judge feels "empathy" toward BOTH sides...meaning that he (or she) takes the time to understand the human dimension to the legal controversy, as well as the legal issues (something the Second Circuit didn't seem to show in the Ricci case). For me, assuming a bright mind capable of honest legal scholarship, the key qualifications are judicial temperament (ie, fair-mindedness and respect toward everyone who comes to court...and a recognition that being a judge is a privilege and a public trust, not a means to dole out rulings out of a subjective preference for one side or the other), and humility.

While I have a lot of reservations, I think it's too soon to judge her...and, as I said, the President is the one who gets to make the appointment, and I don't think "perfection" should be the standard.

JEFFREY CAMINSKY, a veteran public prosecutor in Detroit, Michigan, specializes in the appellate practice of criminal law and writes on a wide range of topics. His books include the science fiction adventure novel The Star Dancers, the exciting second volume in the Guardians of Peace-tm series, The Sonnets of William Shakespeare, and the acclaimed Referee’s Survival Guide, a book on soccer officiating. All are published by New Alexandria Press, and are available on Amazon, as well as directly from the publisher.

The 2009 Caminsky Open

I have seen a lot of changes this year: retirement that came from nowhere; a plummeting economy; new books that need marketing---leading to a host of new adventures.

Some things, though, never change: I still can't golf very well; but it's still nice to get together with my dad and brother to try.

We started the 2009 version of the "Caminsky Open" today, with my dad and brother Chris dragging me out at the crack of dawn on a holiday, to play our first round of the season at Livonia's Fox Creek Golf Course. I also got to break in my new set of clubs---a nice set of last-year's clubs that I got at a season-opening discount at one of the local golf stores.

Chris says that the clubs are "can't miss" and "highly forgiving"...though I certainly missed my share today. But I really can't complain: between the "forgiving" clubs, and our generous Caminsky Open Rules---unlimited Mulligans, discretionary adjustments on the lie (eg: if God had really wanted me to hit from there, He wouldn't have put a tree in the way), and penalty strokes optional---I managed an opening round 48 (for nine holes; actually, all three of us shot 48s. We think; Chris forgot to record several of the holes, so we recreated the scores for those holes from memory...which, being imperfect, had a margin of error of a couple strokes per hole).

And thus begins this year's Caminsky open....

JEFFREY CAMINSKY, a veteran public prosecutor in Detroit, Michigan, specializes in the appellate practice of criminal law and writes on a wide range of topics. His books include the science fiction adventure novel The Star Dancers, the exciting second volume in the Guardians of Peace-tm series, The Sonnets of William Shakespeare, and the acclaimed Referee’s Survival Guide, a book on soccer officiating. All are published by New Alexandria Press, and are available on Amazon, as well as directly from the publisher.

The Fannish Frontier

I did a book appearance this weekend. Actually, it was a "book and notecards...well, and posters, too" appearance, at the MediaWest*Con convention in Lansing.

The event highlighted "fandom" from various formats---television, movies, books, and the like---and in various forms. I was the only author set up in the "dealer's room," and felt mildly out of place amid the "fan-zines" and some of the other Fandom Parephernalia, but the group was a friendly one, and I managed to sell quite a lot of stuff---including a half-dozen or so posters, several dozen notecards, and twenty of my books.

The experience was actually rather encouraging. I suspect my books and artwork might do better in a slightly different format---perhaps one more dedicated to space and science (though the floral and landscape cards sold well, and might do quite well at a local art fair). But the results were enough to make me look forward to the next outing, which will probably be at the Farmington Founder's Fair, or some other local arts and crafts show.

The only disappointment was that a friend who'd agreed to help man the table flaked out on me; but that was more than made up for by my wife's pitching in to help for part of the weekend---and my own discovery that I really didn't need the help in the first place.

JEFFREY CAMINSKY, a veteran public prosecutor in Detroit, Michigan, specializes in the appellate practice of criminal law and writes on a wide range of topics. His books include the science fiction adventure novel The Star Dancers, the exciting second volume in the Guardians of Peace-tm series, The Sonnets of William Shakespeare, and the acclaimed Referee’s Survival Guide, a book on soccer officiating. All are published by New Alexandria Press, and are available on Amazon, as well as directly from the publisher.

Sci-Fi Show a Go-Go

Well...we'll see how this science fictioneering goes: I suspect I'm forgetting half of what I should be doing---but at any rate, it should be fun and interesting. I just hope I don't spend the next three days getting a sore fanny, and longing for human company.

Watch this channel for updates.

JEFFREY CAMINSKY, a veteran public prosecutor in Detroit, Michigan, specializes in the appellate practice of criminal law and writes on a wide range of topics. His books include the science fiction adventure novel The Star Dancers, the exciting second volume in the Guardians of Peace-tm series, The Sonnets of William Shakespeare, and the acclaimed Referee’s Survival Guide, a book on soccer officiating. All are published by New Alexandria Press, and are available on Amazon, as well as directly from the publisher.

A Lack of Musical Taste

Let me set the record straight:

I love classical music and enjoy good jazz. I like some Oldies...but my friends have always considered me something of a fuddy-duddy when it comes to music. And, until this season, I rarely watched "American Idol"...figuring that it was (a) a bit hokey, and (b) featured talent that wasn't really worth all the hoopla.

This season, was different.

This season, the show featured a number of very talented unknowns---who were also, it seemed, highly likable.

And this season, the show had a major star in the making, in the person of a well-mannered kid who is a natural performer---and whose performances were, in the main, bold, fresh, and electrifying.

This season belonged to Adam Lambert...at least, until the final vote---when the country gave the "title" to a very nice young man, who was also very talented. But, like the rest of the group, he didn't really belong on the same stage as the runner-up. (And, in what I regard as a telling comment---both on Adam's level of talent, and on the kind of human being that the "winner" is---even Kris Allen, in the aftermath of winning, was (a) shocked, and (b) falling over himself to say that the title really belonged to Adam.

This was a nice group...a very talented group...and an entertaining season.

It's too bad that the Final had to demonstrate a truth that we often forget: the Public, as a whole, suffers from a lack of musical taste.

Other than prejudice (it's reported that Adam was photographed kissing another guy...and his eyeliner suggests an "other-than-mainstream" orientation), it's the only reasonable explanation for choosing the star over the nice guy.

JEFFREY CAMINSKY, a veteran public prosecutor in Detroit, Michigan, specializes in the appellate practice of criminal law and writes on a wide range of topics. His books include the science fiction adventure novel The Star Dancers, the exciting second volume in the Guardians of Peace-tm series, The Sonnets of William Shakespeare, and the acclaimed Referee’s Survival Guide, a book on soccer officiating. All are published by New Alexandria Press, and are available on Amazon, as well as directly from the publisher.

Sci-Fi Convention: MediaWest*Con

Getting ready for the MediaWest*Con sci-fi convention later this week has led me to a couple of conclusions.

First---I'm really terrible at marketing. While writing is fun---and composing posters and note cards from photos and pictures is quite engaging---trying to find "clever" ways to market myself is for the birds. I hate puffing myself up---and it's frightening to face the prospect that, in the end, nobody will care. And that's really all marketing is.

On the other hand, the sci-fi show could be a lot of fun. I've never been to one before---much less participated with a booth---and I think we have a lot of fun and interesting stuff to offer. Besides my books, we have some rather stunning posters of the heavens, and notecards and posters from outer space as well as Planet Earth.

In the end, I'm kind of looking forward to it...though I really wish there were another way.

JEFFREY CAMINSKY, a veteran public prosecutor in Detroit, Michigan, specializes in the appellate practice of criminal law and writes on a wide range of topics. His books include the science fiction adventure novel The Star Dancers, the exciting second volume in the Guardians of Peace-tm series, The Sonnets of William Shakespeare, and the acclaimed Referee’s Survival Guide, a book on soccer officiating. All are published by New Alexandria Press, and are available on Amazon, as well as directly from the publisher.