Sonia Sotomayor - Court of Appeals Judge - Notable Rulings

Notable Rulings

Abortion

In the 2002 decision Center for Reproductive Law and Policy v. Bush, Sotomayor upheld the Bush administration's implementation of the Mexico City Policy, which states that "the United States will no longer contribute to separate nongovernmental organizations which perform or actively promote abortion as a method of family planning in other nations." Sotomayor held that the policy did not constitute a violation of equal protection, as "the government is free to favor the anti-abortion position over the pro-choice position, and can do so with public funds."

First Amendment rights

In Pappas v. Giuliani (2002), Sotomayor dissented from her colleagues' ruling that the New York Police Department could terminate an employee from his desk job who sent racist materials through the mail. Sotomayor argued that the First Amendment protected speech by the employee "away from the office, on own time", even if that speech was "offensive, hateful, and insulting", and that therefore the employee's First Amendment claim should have gone to trial rather than being dismissed on summary judgment.

In 2005, Sotomayor wrote the opinion for United States v. Quattrone. Frank Quattrone had been on trial on charges of obstructing investigations related to technology IPOs. Some members of the media had wanted to publish the names of the jurors deciding Quattrone's case, and a district court had issued an order to forbid the publication of the juror's names. In United States v. Quattrone, Sotomayor wrote the opinion for the Second Circuit panel striking down this order on First Amendment grounds, stating that the media should be free to publish the names of the jurors. The first trial ended in a deadlocked jury and a mistrial, and the district court ordered the media not to publish the names of jurors, even though those names had been disclosed in open court. Sotomayor held that although it was important to protect the fairness of the retrial, the district court's order was an unconstitutional prior restraint on free speech and violated the right of the press to "to report freely on events that transpire in an open courtroom".

In 2008, Sotomayor was on a three-judge panel in Doninger v. Niehoff that unanimously affirmed, in an opinion written by Second Circuit Judge Debra Livingston, the district court's judgment that Lewis S. Mills High School did not violate the First Amendment rights of a student when it barred her from running for student government after she called the superintendent and other school officials "douchebags" in a blog post written while off-campus that encouraged students to call an administrator and "piss her off more". Judge Livingston held that the district judge did not abuse her discretion in holding that the student's speech "foreseeably create a risk of substantial disruption within the school environment", which is the precedent in the Second Circuit for when schools may regulate off-campus speech. Although Sotomayor did not write this opinion, she has been criticized by some who disagree with it.

Second Amendment rights

Sotomayor was part of the three-judge Second Circuit panel that affirmed the district court's ruling in Maloney v. Cuomo (2009). Maloney was arrested for possession of nunchucks, which are illegal in New York; Maloney argued that this law violated his Second Amendment right to bear arms. The Second Circuit's per curiam opinion noted that the Supreme Court has not, so far, ever held that the Second Amendment is binding against state governments. On the contrary, in Presser v. Illinois, a Supreme Court case from 1886, the Supreme Court held that the Second Amendment "is a limitation only upon the power of Congress and the national government, and not upon that of the state". With respect to the Presser v. Illinois precedent, the panel stated that only the Supreme Court has "the prerogative of overruling its own decisions," and the recent Supreme Court case of District of Columbia v. Heller (which struck down the district's gun ban as unconstitutional) did "not invalidate this longstanding principle". The panel upheld the lower court's decision dismissing Maloney's challenge to New York's law against possession of nunchucks. On June 2, 2009, a Seventh Circuit panel, including the prominent and heavily cited judges Richard Posner and Frank Easterbrook, unanimously agreed with Maloney v. Cuomo, citing the case in their decision turning back a challenge to Chicago's gun laws and noting the Supreme Court precedents remain in force until altered by the Supreme Court itself.

Fourth Amendment rights

In N.G. & S.G. ex rel. S.C. v. Connecticut (2004), Sotomayor dissented from her colleagues’ decision to uphold a series of strip searches of "troubled adolescent girls" in juvenile detention centers. While Sotomayor agreed that some of the strip searches at issue in the case were lawful, she would have held that due to "the severely intrusive nature of strip searches", they should not be allowed "in the absence of individualized suspicion, of adolescents who have never been charged with a crime". She argued that an "individualized suspicion" rule was more consistent with Second Circuit precedent than the majority's rule.

In Leventhal v. Knapek (2001), Sotomayor rejected a Fourth Amendment challenge by a U.S. Department of Transportation employee whose employer searched his office computer. She held that, "Even though had some expectation of privacy in the contents of his office computer, the investigatory searches by the DOT did not violate his Fourth Amendment rights" because here "there were reasonable grounds to believe" that the search would reveal evidence of "work-related misconduct".

Alcohol in commerce

In 2004, Sotomayor was part of the judge panel that ruled in Swedenburg v. Kelly that New York's law prohibiting out-of-state wineries from shipping directly to consumers in New York was constitutional even though in-state wineries were allowed to. The case, which invoked the 21st Amendment, was appealed and attached to another case. The case reached the Supreme Court later on as Swedenburg v. Kelly and was overruled in a 5–4 decision that found the law was discriminatory and unconstitutional.

Employment discrimination

Sotomayor was involved in the high-profile case Ricci v. DeStefano that initially upheld the right of the City of New Haven to throw out its test for firefighters and start over with a new test, because the City believed the test had a "disparate impact" on minority firefighters. (No black firefighters qualified for promotion under the test, whereas some had qualified under tests used in previous years.) The City was concerned that minority firefighters might sue under Title VII of the Civil Rights Act of 1964. The City chose not to certify the test results and a lower court had previously upheld the City's right to do this. Several white firefighters and one Hispanic firefighter who had passed the test, including the lead plaintiff who has dyslexia and had put much extra effort into studying, sued the City of New Haven, claiming that their rights were violated. A Second Circuit panel that included Sotomayor first issued a brief, unsigned summary order (not written by Sotomayor) affirming the lower court's ruling. Sotomayor's former mentor José A. Cabranes, by now a fellow judge on the court, objected to this handling and requested that the court hear it en banc. Sotomayor voted with a 7–6 majority not to rehear it and a slightly expanded ruling was issued, but a strong dissent by Cabranes led to the case reaching the Supreme Court in 2009. There it was overruled in a 5–4 decision that found the white firefighters had been victims of racial discrimination when they were denied promotion.

Business

In Clarett v. National Football League (2004), Sotomayor upheld the National Football League's eligibility rules requiring players to wait three full seasons after high school graduation before entering the NFL draft. Maurice Clarett challenged these rules, which were part of the collective bargaining agreement between the NFL and its players, on antitrust grounds. Sotomayor held that Clarett's claim would upset the established "federal labor law favoring and governing the collective bargaining process".

In Merrill Lynch, Pierce, Fenner & Smith, Inc. v. Dabit (2005), Sotomayor wrote a unanimous opinion that the Securities Litigation Uniform Standards Act of 1998 did not preempt class action claims in state courts by stockbrokers alleging misleading inducement to buy or sell stocks. The Supreme Court handed down an 8–0 decision stating that the Act did preempt such claims, thereby overruling Sotomayor's decision.

In Specht v. Netscape Communications Corp. (2001), she ruled that the license agreement of Netscape's Smart Download software did not constitute a binding contract because the system didn't give "sufficient notice" to the user.

Civil rights

In Correctional Services Corp. v. Malesko (2000), Sotomayor, writing for the court, supported the right of an individual to sue a private corporation working on behalf of the federal government for alleged violations of that individual's constitutional rights. Reversing a lower court decision, Sotomayor found that an existing Supreme Court doctrine, known as "Bivens"—which allows suits against individuals working for the federal government for constitutional rights violations—could be applied to the case of a former prisoner seeking to sue the private company operating the federal halfway house facility in which he resided. The Supreme Court reversed Sotomayor's ruling in a 5–4 decision, saying that the Bivens doctrine could not be expanded to cover private entities working on behalf of the federal government. Justices Stevens, Souter, Ginsburg, and Breyer dissented, siding with Sotomayor's original ruling.

In Gant v. Wallingford Board of Education (1999), the parents of a black student alleged that he had been harassed due to his race and had been discriminated against when he was transferred from a first grade class to a kindergarten class without parental consent, while similarly situated white students were treated differently. Sotomayor agreed with the dismissal of the harassment claims due to lack of evidence, but would have allowed the discrimination claim to go forward. She wrote in dissent that the grade transfer was "contrary to the school's established policies" as well as its treatment of white students, which "supports the inference that race discrimination played a role".

Property rights

In Krimstock v. Kelly (2002), Sotomayor wrote an opinion halting New York City's practice of seizing the motor vehicles of drivers accused of driving while intoxicated and some other crimes and holding those vehicles for "months or even years" during criminal proceedings. Noting the importance of cars to many individuals' livelihoods or daily activities, she held that it violated individuals' due process rights to hold the vehicles without permitting the owners to challenge the City's continued possession of their property.

In Brody v. Village of Port Chester (2003 and 2005), a takings case, Sotomayor first ruled in 2003 for a unanimous panel that a property owner in Port Chester, New York was permitted to challenge the state's Eminent Domain Procedure Law. A district court subsequently rejected the plaintiff's claims and upon appeal the case found itself again with the Second Circuit. In 2005, Sotomayor ruled with a panel majority that the property owner's due process rights had been violated by lack of adequate notice to him of his right to challenge a village order that his land should be used for a redevelopment project. However, the panel supported the village's taking of the property for public use.

In Didden v. Village of Port Chester (2006), an unrelated case brought about by the same town's actions, Sotomayor joined a unanimous panel's summary order to uphold a trial court's dismissal – due to a statute of limitations lapse – of a property owner's objection to his land being condemned for a redevelopment project. The ruling further said that even without the lapse, the owner's petition would be denied due to application of the Supreme Court's recent Kelo v. City of New London ruling. The Second Circuit's reasoning drew criticism from libertarian commentators.