Sotomayor Predictions Based on Her Labor and Employment Judicial Record
If you’ve read my previous Sotomayor posts, you’ll know this post contains nothing earthshaking. I promised to look only at her published decisions as a trial judge for the U.S. District Court in the Southern District of New York and published decisions authored by her as an appellate judge on the U.S. Second Circuit Court of Appeals in the area of labor and employment law. I’ve stayed away from speeches she has made and papers she has written. I’ve also not included labor and employment cases that are purely procedural in nature, as well as non-employment cases in which she’s been involved.
She decided 14 cases as a district court judge, nine in favor of employees and five in favor of employers. She authored 16 cases on the Second Circuit (if you include Ricci v. DeStefano), eight in favor of employees and eight in favor of employers. Her analyses are thorough. She’s knowledgeable about labor and employment law. Saying more in the way of predictions is difficult.
Sotomayor has been nominated to replace Justice David Souter, a solid member of the so-called liberal wing of the current Court. Souter wasn’t predicted to be a liberal. Sotomayor may also surprise.
My only prediction at this point, based on her judicial record, is that Sotomayor will be ready on day one to be fully engaged in a healthy, perhaps vigorous, discussion of labor and employment issues. Before you predict anything further, at least in the labor and employment arena, read my posts on all her decisions. In my opinion, you’ll find some of her decisions with a conservative bent and some with a liberal bent.
This day and time, it seems that a justice finally lands in the liberal or conservative wing of the Court. That will probably be the case with Sotomayor, but I’m guessing she won’t be quite as predictable as Souter.
Trackbacks/Pingbacks
- Sotomayor Predictions Based on Her Labor and Employment Judicial … « Employment Law - [...] View original here: Sotomayor Predictions Based o­... [...]
Leave a Reply
About Chris Parker
Chris Parker's practice focuses on the representation and counseling of companies in matters pertaining to the workplace and the protection of their intellectual property and trade secrets. In addition to serving as an advocate for clients, Mr. Parker is also trained as a mediator and frequently serves as a third-party neutral.
Read more about Chris Parker
About Jimmy Daniel
Jimmy Daniel provides counseling to businesses of all sizes related to the employment relationship. He assists in the drafting of employment agreements, policies, and handbooks, as well as provides guidance related to compliance with federal, state, and local legislation such as the Fair Labor Standards Act and the Family and Medical Leave Act.
Read more about Jimmy Daniel
About Larry Bridgesmith
While serving in an Of Counsel relationship with the firm, Mr. Bridgesmith also serves as the Executive Director at the Institute for Conflict Resolution at Lipscomb University and as an officer and principal in Strategic Resolutions Group, LLC. In these roles, Mr. Bridgesmith brings over 30 years of legal experience in dispute resolution and innovative workplace strategies to clients, students and business entities alike.
Read more about Larry Bridgesmith
I can’t understand why the GOP is fighting this nomination, other than primal instinct. Replacing Souter with Sotomayor will *probably* shift the court to the right. In any case, she is certainly far more centrist than many Obama could have selected.
Frank,
I’m not sure the GOP is going to put up a real fight on Sotomayor. Just as it was hard for the Dems to do damage to John Roberts and Sam Alito, it will be even harder for the GOP to damage Sotomayor.
Thanks for weighing in.
John
Thanks for doing the research on Sotomayer’s judging record.
As to Frank’s question, my guess is that the GOP will be concerned about the same types of things that the Dems were concerned about when Republican presidents made their Supreme Court nominations. That is, will the nominee be an activist in her decisions or will she respect the consitutional roles of the executive, legislative and judicial branches of federal government.