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Examining Sotomayor's Record in Business Cases

Tony Mauro

The National Law Journal

June 29, 2009

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2nd Circuit Judge Sonia Sotomayor

2nd Circuit Judge Sonia Sotomayor
image: Rick Kopstein/NYLJ


The Alliance for Justice issued a footnoted 16-page report on Supreme Court nominee Sonia Sotomayor's record in business and consumer cases she has faced on the district court, the appeals court, and in the private law firm where she has worked. The report, the third in a series on her record, is available online.

The liberal group's verdict: in this area as with others, "Judge Sotomayor continues her practice of careful attention to the facts of each case, deference to the legislature, and adherence to legal precedents." In other words, on business cases the report says her rulings are "generally uncontroversial and well within the mainstream," adding that "she betrays no preset notions or biases" that lead her to tilt toward plaintiffs or defendants in general.

The report reviews her labor cases, including her rescue of major league baseball as a district court judge in Silverman v. Major League Baseball Players Relations Committee. Also examined are her securities, environment, antitrust, bankruptcy, arbitration and intellectual property decisions. The alliance thanked a team of lawyers from Covington & Burling for contributing to the report.

The report was issued the same day that the group Hispanics for a Fair Judiciary gathered a group of Latino and African-American business leaders and scholars to discuss their support for Sotomayor and her non-ideological approach to business disputes.

The National Chamber Litigation Center, the public policy law firm of the U.S. Chamber of Commerce, is also studying Sotomayor's record, executive vice president Robin Conrad told a press briefing on Tuesday. Based on its findings, the full Chamber's board will consider whether or not to support her confirmation.


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