Civil libertarians have been complaining that many liberals are ignoring that Judge Sonia Sotomayor has been viewed as hostile to core liberal values and has a fairly conservative voting record in many areas, including free speech, student rights, and criminal procedure. For a review of her cases, click here. Another case has come to light that shows little of the empathy cited by the White House. While Vice President Joe Biden has emphasized the Sotomayor “watches the back of police” in cases (which is supported in some of her more controversial rulings), she has shown little empathy for those challenging police or convictions. The case of Jeffrey Deskovic is being cited as one such case.
Sotomayor was one of the judges who dismissed Deskovic’s 2000 appeal to United States Court of Appeals for the Second Circuit with a cursory two-page decision. The panel based its decision on the fact that the filing was made four days late due to confusion between the lawyer and the clerk.
Deskovic was convicted at 16 of killing a high school classmate and filed a habeas corpus petition to challenge his conviction. He was later proven innocent by DNA evidence.
His lawyer insisted that he was misinformed about the due date by the clerk’s office and that his client should not suffer for the miscommunication. However, Sotomayor and another judge refused to consider the merits based on the technical filing problem.
He would spend six more years behind bars until finally proven innocent (and the real killer arrested).
The Antiterrorism and Effective Death Penalty Act of 1996 requires that habeas corpus petitions must be submitted no more than a year after a conviction becomes final or, as the courts later determined, no more than a year from the act’s implementation. This meant that he had until April 24, 1997 to file his habeas but his papers were filed four days late. Sotomayor and Judge Rosemary S. Pooler ruled that, even if the lawyer was told by the clerk that he had the later due date, it was still a violation and barred the appeal.
There is an interesting disconnect in the position of many liberal organizations, which have abandoned prior views to support this nominee without a hint of concern. As noted earlier, such rulings would normally cause liberals considerable concern and prompt intense review if this were a Republican nominee. Instead, there is virtually no discussion of such rulings by most liberals despite objections from civil libertarians that the left will lose ground on the Court if Sotomayor votes as she did on the Second Circuit.
For the full story, click here.
Obama and his followers condone torture which is evil.
They murder and maim children which is evil.
Obama for years has funded the murder and maiming of thousands of men, women and children
Obama and his supporters are evil – like Hitler and the Nazis.
Mespo,
What about the speaking engagement fees, nominally 350,00; perks,cars, drivers, cash, more cash, food, additional cash; transportation; Dusenburg Limo to keep, 5 bedroom suite and isolated out of the way, a segway with 3 or 4 wheels, to and from speaking engagements. . . .
Can you think of anymore?
Buena Vista Mall is for Peace among all. Obama is for war.
Grammer error:
its = possessive not it’s
Buena Vista Mall is Anti-war. Obama and his followers are Warmongers, Pro-war with it’s murder and maiming of children.
AY:
Well, we’re all war criminals according to the indictment of our friend BVM, so why respond when we are so obviously guilty. I suggest we all go on speaking tours defending our actions and mitigating our culpability. It seems the fashionable thing to do.
The Idiots here are ‘FOR’ Obama’s murder and maiming of innumerable men, women and children!
Mespo,
I agree with you and that to is why I have not responded. Now if I could just hold my fingers back from responding to others that act in equally foolish ways.
BVM:
“A word to the wise … don’t argue with fools.”
*************
Hey, that’s what I say and the reason I don’t direct my comments to you–except this one of course.
Still no facts or evidence from bvm.
Just hatred.
Von Bruun’s website was also filled with hatred.
I repeat: Obama is a supreme War Criminal – Mass Murderer. Only a complicit fool would want him as president. He should be arrested immediately. If our judicial system were not corrupt he would be. It appears we will have to depend on other countries or our military to arrest the War Criminals.
“Obama is a conspirator in mass murder and maiming of countless men, women and children. If you support or cover him in the evil God’s recompense will be on you and your children.” – bvm
This is just another incoherent posting by bvm, who has hijacked a thread on a Supreme Court nominee with repeated hate-filled, unsupported charges and allegations. That kind of stuff does not go unchallenged at the Turley site. In the meantime, interested readers can see that yet another independent source, Politifact.com, examined and verified the Certification: http://www.politifact.com/truth-o-meter/article/2008/jun/27/obamas-birth-certificate-part-ii/
Lindylou posted a news article quoting Dr Fukino, and the official statement can be read here: http://hawaii.gov/health/about/pr/2008/08-93.pdf
People should look at the statement printed at the bottom of the Certification: “This copy serves as prima facie evidence of the fact of birth in any court proceeding [HRS 338-13(b), 338-19]” These are the facts. The Certification is true copy, and it is valid legal evidence of birth. The charges by von Bruun and all of the other birthers that its was forged are false. On its face, it would be evidence of the fact that Obama was born in Hawaii in 1961 in any court proceeding. It correctly describes what is in the official state records. The fact that the Home Lands office requires more evidence is based on the need to show 50% Hawaiian ancestry.
It is no wonder that all the court challenges thus far have been dismissed, or are pending dismissal. bvm cannot name even one of the “multiple courts” that have rejected it. The forensic “experts” on the web are laughable, and have been refuted over and over again.
The hatred of the birthers is so deep seated that they have admitted that no proof of birth will ever satisfy them. Even if it were proven to their satisfaction that Obama was born in the United States, they have admitted that they would still challenge his right to serve.
A word to the wise … don’t argue with fools.
“Obama is a conspirator in mass murder and maiming of countless men, women and children. If you support or cover him in the evil God’s recompense will be on you and your children.”
****************
I am quite interested in BVM’s theory. I had no idea that people like him were looking into the question of whether, by repeating stupidity thousands of times, you can ultimately make it rational. So far the experiments don’t look promising but who knows, I suspect BVN is a great fan of alchemy too. He seems to like hopeless endeavors. Why look, he’s even got a mummy’s curse if you don’t believe him–and it applies to your children.
Theological note to BVN: God doesn’t punish children for the sins of the father. That takes self-righteous ideologues who delude themselves into thinking they know the will of the creator of the Universe. Funny how that self-delusion bleeds into the rest of their thinking,too.
The lack of comprehension here is amazingly pitiful.
Einstein was right in his infinite human stupidity assessment.
As to birth certificate, only believe multiple courts in examining it with many independent forensic experts in documents.
Obama is a conspirator in mass murder and maiming of countless men, women and children. If you support or cover him in the evil God’s recompense will be on you and your children.
More unsupported allegations from bvm, still without substance or evidence. At his site, just about everyone except him is a war criminal or mass murderer.
The birther charges are stirring up a feeding frenzy on the fringes. James Von Brunn, the 88-year-old man who is charged with shooting and killing a security police officer inside the Holocaust Museum in Washington thought that Barack Obama was not a citizen of the United States and had no right to the presidency. Josh Marshall posted a copy of Von Bruun’s internet views on the TPM website:
http://www.talkingpointsmemo.com/documents/2009/06/james-w-von-brunn-obama-is-missing.php?page=1
Von Bruun hated Jewish people, African-American people, and the President. He denied that the Holocaust took place, and denied that Hitler killed anyone.
He also believed that birth certification was a forgery. But the responsible Hawaiian State officials have verified that it is authentic and correctly represents the state records.
These continued false and irresponsible charges serve only to feed the frenzy of hatred and malice, and may have already led to violence.
FFLEO, Regarding Patty C:
We don’t even know it’s her. Srsly, I trust no posting under Patty C’s name. Everybody ought to get an Avatar.
BVM
“The Hawaiian certification of live birth Barack Obama posted on his campaign website and distributed to select news organizations as proof he was a “natural born citizen” would not be accepted as a “birth certificate” even for some Hawaiian state government eligibility issues, WND has learned.”
————-
Birther Please. The fact that Hawaii has a screwed up bureaucracy doesn’t bear on the question. I’m in the same boat I think. I need a cert of live birth to renew my drivers license. I don’t have one so I have to send the state $15.00 to do the search and provide me a certified, computer generated copy.
The MO. DMV says whatever doc I provide has to have a raised seal. The MO. dept dealing with birth cert. copies (different Bureau) hasn’t as yet replied to my email inquiries asking if a raised seal will be present on the copy they send. Knowing Missouri I’ve got a 50/50 chance (if I’m lucky) of not being totally screwed with this process. If I’m screwed on the BC I then have to apply for a passport ($100) and get an extension from the State just to drive and that assumes I can get a passport.
That Hawaii has a bureaucracy that couldn’t find the Big Island with a map, flashlight and guide is dispositive of nothing but business as usual for bureaucracy. Anyone that has had to deal with State government in the last 6 years knows your argument is ridiculous.
No birth certificate = Obama is an illegal alien and foreign domestic enemy but infinitely worse than that – he is a supreme War Criminal / Mass Murderer.
I know, I know facts don’t mean much to people like BVM, but I just can’t help it.
From KITV in Honolulu, ABC and apparently a Hearst affiliate:
http://www.kitv.com/politics/17860890/detail.html
“There have been numerous requests for Sen. Barack Hussein Obama’s official birth certificate. State law (Hawai‘i Revised Statutes §338-18) prohibits the release of a certified birth certificate to persons who do not have a tangible interest in the vital record,” DOH Director Dr. Chiyome Fukino said.
Fukino said she and the registrar of vital statistics, Alvin Onaka, have personally verified that the health department holds Obama’s original birth certificate.
“Therefore, I as Director of Health for the State of Hawai‘i, along with the Registrar of Vital Statistics who has statutory authority to oversee and maintain these type of vital records, have personally seen and verified that the Hawai‘i State Department of Health has Sen. Obama’s original birth certificate on record in accordance with state policies and procedures,” Fukino said.
Fukino said that no state official, including Gov. Linda Lingle, ever instructed that Obama’s certificate be handled differently from any other.