Bill Mears
CNN Supreme Court Producer
The Supreme Court has granted a condemned Georgia inmate's request that his execution be delayed as he attempts to prove his innocence.
The inmate, Troy Davis, has gained international support for his long-standing claim that he did not murder a Savannah police officer nearly two decades ago.
Justice John Paul Stevens on Monday ordered a federal judge to "receive testimony and make findings of fact as to whether evidence that could not have been obtained at trial clearly establishes petitioner's innocence."
Justices Ruth Bader Ginsburg and Stephen Breyer supported the decision. Sonia Sotomayor, who was sworn in August 8 as the newest member of the high court, did not take part in the petition.
Davis' case has had a dramatic series of ups and downs in the past year. He was granted a stay of execution by the Supreme Court two hours before he was to be put to death last fall.
A month later, the justices reversed course and allowed the execution to proceed, but a federal appeals court then issued another stay.
The high court's latest ruling means Davis will continue to sit on death row.
Stevens said the risk of putting a potentially innocent man to death "provides adequate justification" for another evidentiary hearing.
His supporters in June delivered petitions bearing about 60,000 signatures to Chatham County, Georgia, District Attorney Larry Chisolm, calling for a new trial. Chisolm is the county's first African-American district attorney. Davis is also African-American.
Davis has always maintained his innocence in the 1989 killing of Officer Mark MacPhail. Witnesses said Davis, then 19, and two others were harassing a homeless man in a Burger King restaurant parking lot when the off-duty officer arrived to help the man. Witnesses testified at trial that Davis then shot MacPhail twice and fled.
Bill Mears
CNN Supreme Court Producer
With Sonia Sotomayor soon to fulfill her long-held dream to sit on the Supreme Court, she will have the prestige of joining the highest court in the land, lifetime job security, and a public forum as the first Hispanic on that bench.
Her formal swear-in will be Saturday morning at the high court, with Chief Justice John Roberts administering the judicial oath.
The 55-year-old judge now has the opportunity to become a influential force among her new colleagues, a legal pioneer who could help shape the law and its effect on society in any number of ways. But such a legacy will not come easily and it certainly will not come quickly. The internal dynamics of a body built on tradition and stability have long discouraged swift and sweeping forces that are regularly felt in the other branches of government, and society at large.
After her Thursday confirmation by the Senate, Sotomayor will become the junior justice, someone with the least seniority but no less authority than her eight benchmates. She brings with her a bit of history, and is sure to be the focus of public attention and political scrutiny.
Gloria Borger
CNN Senior Political Analyst
In the past decade, it's become a given that Supreme Court nominees are expected to tell you - not to mention the senators actually voting on confirmation - absolutely nothing about how they will rule on the Supreme Court.
Think of it this way: a job interview without a hint of what the applicant would actually do on the job.
That's because back in 1987, when Judge Robert Bork came before the Senate Judiciary Committee, he did answer questions. He also came with a long, scholarly record that outlined an obviously conservative judicial philosophy. He lost. And he lost ugly.
Looking back, Bork told CNN's Campbell Brown this week, his honest approach was a big mistake.
"I think I could have been more intelligent in my approach and more aware of what was taking place," he said. "I kept responding to questions as if it was a rational discussion, which it wasn't. I think I would have taken that into account more if I were to do it over again."
Exactly.
It's no longer a 'rational discussion,' or even remotely candid. It's a game of hide-and-seek, a choreographed kabuki in which little is revealed. The nominee hides behind the notion of abiding by "precedent" - as if that's enough in applying for a job on the high court, which actually sets precedent.
Keep reading...
Timothy P. O'Neill
Special to CNN
So what does the U.S. Supreme Court gain and lose by exchanging Justice David Souter for Sonia Sotomayor?
In Souter, it is losing a graduate of both an Ivy League college and law school; someone with law firm practice as a civil litigator as well as experience as a government prosecutor; a person known as a fine trial judge; and someone who came directly to the Supreme Court from a judgeship on the U.S. Court of Appeals. He is unmarried, childless, and known as a tireless worker.
If Sotomayor is confirmed, the Supreme Court will gain a graduate of both an Ivy League college and law school; someone with law firm practice as a civil litigator as well as experience as a government prosecutor; a person known as a fine trial judge; and someone who comes directly to the Supreme Court from a judgeship on the U.S. Court of Appeals. She is unmarried, childless, and known as a tireless worker.
Oh, and their last names both begin with the letter "S."
So will the change make any difference?
Elizabeth Landau
CNN
Sonia Sotomayor spent her first week at Princeton University obsessing over the sound of a cricket. Growing up in New York City, her only notion of this insect was Jiminy from "Pinocchio." She tore her dorm room apart looking for the critter every night.
Finally, her then-boyfriend and future husband visited and explained that the cricket was outside the room, where she had been holed up most of that week in 1972.
"This was all new to me: we didn't have trees brushing up against windows in the South Bronx," Sotomayor recalled in a speech to the Princeton Women's Network in 2002.
The freshman who was so taken aback by a cricket's chirping now has a more public challenge: Senate hearings on whether to confirm her as a Supreme Court justice, potentially the first Latina to hold such a post.
At one time, being different may have been difficult - for it wasn't just Princeton's crickets that startled Sotomayor. The academics and the students on the leafy Gothic campus, with its ivy-covered dormitories and castle-like towers, also made her feel out of place.
Ruben Navarrette Jr.
Special to CNN
Sixteen years ago, after I wrote a memoir about my experience as a Latino in the Ivy League, I got a call from a retired Jewish obstetrician who saw his reflection in my words.
A book about being a Chicano at Harvard in the 1980s had stirred memories of being one of the few Jewish students at the University of Southern California in the 1930s.
Now, I feel like calling Sonia Sotomayor, although I realize that her schedule is crowded this week in light of the Senate confirmation hearings for the nominee to the Supreme Court.
I'd like Sotomayor to know that, even though she arrived at Princeton University in 1972 (the year I started kindergarten), I have a good idea what she went through in college - and, later, at Yale Law School - because many Latinos who later traveled that road experienced the same thing.
Laura E. Gómez
Special to CNN
It is likely that Judge Sotomayor will face some questions from members of the Senate Judiciary Committee this week about her 2001 "wise Latina" remark.
In a speech at a Berkeley conference on Hispanic judges, Sotomayor said, "I would hope that a wise Latina woman, with the richness of her experiences, would more often than not reach a better conclusion than a white male who hasn't lived that life."
Her comment has been lampooned on the cover of the National Review, where cartoonists apparently could not quite fathom a wise Latina judge, choosing to portray Sotomayor as a Buddha with Asian features. It has caused Rush Limbaugh and others to label her a "racist," and it has caused even liberals to bristle.
I was a speaker at the conference Sotomayor's speech kicked off, and I would like to put her comment in context.
Charly Feldman
AC360° Intern
Tonight on 360°, watch Anderson’s exclusive interview with President Obama in Ghana. They discuss everything from the economy to Afghanistan, the U.S. military’s “Don’t ask don’t tell” for gay service members and of course U.S. policy towards Africa.
We’ll take you on a tour of the dungeons of Cape Coast Castle with President Obama, to see where kidnapped Ghanaians awaited the horrifying boat rides to America just a couple of centuries ago. Greed and the slave trade triangle – all this and more on the program tonight.
But slavery isn’t just a thing of the past. Dr. Sanjay Gupta’s joins us from Haiti with a 360° dispatch on modern day slavery. It’s hard to imagine, but children as young as four years old are caught up in this vicious cycle. We’re digging deeper.
Plus, Judge Sonia Sotomayor’s confirmation hearings began today at Capitol Hill, as the Senate Judiciary Committee discusses her abilities as a potential Supreme Court judge. From accusations of judicial activism to her controversial comment about being a “wise Latina”, Candy Crowley brings you the raw politics tonight, with senior legal analyst Jeffrey Toobin.
Also, Randi Kaye joins us live from L.A. with the latest details on Michael Jackson’s death. His sister LaToya is speaking out. We’ll have her controversial account of what she believes happened to Michael. Was he murdered? Or, as Joe Jackson now suggests did the prospects of his London concerts burn him out? Plus, we’re following the money trail. Tune in to 360° for the answer to these questions.
Join us at 10pm ET for all this and much more! See you then.
Jeffrey Toobin
CNN Senior Analyst
One of the enduring myths about Supreme Court justices is that they often turn out to "surprise" the presidents who appoint them. Sure-thing conservatives, it is said, turn out to be liberals, and vice versa. In fact, the evidence is almost entirely the opposite: that with justices, as in life, what you see is what you get.
The question, then, is this: What do you see when you look at Sonia Sotomayor, who begins her confirmation hearings as a strong favorite for confirmation?
She is, above all, a veteran judge who has 18 years on the federal bench: six as a trial judge (appointed by President George H.W. Bush) and the rest on the court of appeals (appointed by President Clinton). The question of competence is closed. Sotomayor can do the job. It's no surprise that she received a unanimous rating of well-qualified from the American Bar Association screening committee.
But what would she stand for as a Supreme Court justice? She is, it seems, a liberal, but a liberal in the cautious and careful mode of her likely future colleagues Ruth Bader Ginsburg and Stephen Breyer.
Keep reading...
Angelo Falcón
Special to CNN
The nomination of Sonia Sotomayor for Associate Justice of the Supreme Court of the United States has raised the profile of Puerto Ricans in the American consciousness.
Her identification as a Puerto Rican has caused Judge Sotomayor both joy and a little grief during this stormy nomination process. But, being a Puerto Rican who also grew up in New York City, well, I can say that's par for the course for most of us.
Despite Puerto Rico being a possession of the United States since 1898, most Americans know very little about the island and Puerto Ricans - except for tourism commercials. Many consider Puerto Ricans living in the United States outside of Puerto Rico (I called these "Stateside Puerto Ricans") another new immigrant group of Latinos.
But the reality is that we can trace Puerto Rican settlements in New Orleans to the 1860s and workers from Puerto Rico migrated to Hawaii around 1900. In 1917, through an act of the United States Congress (the Jones Act), the people of Puerto Rico were made United States citizens, enabling them to come to the United States freely and legally without passport or visa.
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