By Ravi Bhatia-Talk Radio News Service

Animal cruelty clashed with first amendment rights today in the U.S. Supreme Court case of United States v. Stevens, which also marked Justice Sonia Sotomayor’s second day sitting as an Associate Justice in the Court’s new term. 

In 2004, Robert Stevens was indicted and charged with selling three dogfighting videos to undercover law enforcement agents. Congress enacted the statute in 1999, which deemed that whoever sells depictions of animal cruelty would be fined and/or imprisoned for up to five years. 

Steven’s 37-month sentence was 14 months longer than NFL quarterback Michael Vick’s, who had participated firsthand in a dogfighting venture. Although dogfighting is illegal in all 50 states, the practice is legal in Japan, where much of the footage in Stevens’ videos came from. 

According to Neal Katyal, the government lawyer defending the law, a “robust market” in animal cruelty exists. Upholding the statute would dry up the market for such material, he argued. It would also add to the precedent set in New York v. Ferber in 1982, when the Court ruled that the First Amendment right to free speech did not forbid states from banning the sale of child pornography.

The Ferber case was the last time that the question of whether or not material was too obscene to receive first amendment protection was addressed.

Patricia Millett argued on behalf of Stevens, suggesting that the statute was drafted too broadly and that it applied to legally protected activity.

Congress had enacted Article 48 in order to outlaw “crush videos,” which depicted close-ups of women inflicting torture on animals such as hamsters, puppies and kittens with their bare feet or while wearing high-heeled shoes.

The Supreme Court will release their decision on the case later this year, although the tone of the hearing implies that the justices are leaning towards affirming the decision of the Court of Appeals in overturning the law.

Senate Democrats celebrate the 68-31 vote that confirmed Sonia Sotomayor to the U.S. Supreme Court. August 6, 2009

“The moment when Justice Sotomayor takes the bench… that will be a moment that crystallizes the importance of the roles that latinos play in our great nation,” says Sen. Robert Menendez (D-N.J.) during a press conference Wednesday (0:21)

 

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Sen. Charles Schumer says during a rally for Supreme Court nominee Sonia Sotomayor that “it is time” for a Hispanic woman to be confirmed as a Supreme Court Justice. He also says that she can serve as inspiration for young Hispanics. “You can achieve the stars in America just like Sonia Sotomayor has done,” says Schumer. (0:36)

 

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By Courtney Ann Jackson-Talk Radio News Service

Civil rights leaders and Senators joined in a rally on Capitol Hill Wednesday to voice their support for Supreme Court nominee Sonia Sotomayor’s confirmation.

The familiar phrase from President Obama’s campaign, “yes we can,” was heard both in English and Spanish at the rally, which was hosted by the Leadership Conference on Civil Rights (LCCR) and the National Council of La Raza (NCLR). The atmosphere was extremely celebratory as the crowd loudly responded with cheers each time the name of the historic nominee was mentioned.

Sen. Charles Schumer (D-N.Y.) was one of four Senators who spoke at the rally. “There are three words that sum up this nomination: It is time,” Schumer declared.

Sen. Ben Cardin (D-Md.), Sen. Sheldon Whitehouse (D-R.I.), and Sen. Robert Menendez (D-N.J.) also showed their support, adding that they were not pleased with the overall Republican response to the nomination.

“Let us hope that as history looks back on this day, it notes the historic occasion of the confirmation of Justice Sotomayor and …not the Republicans’ strange and strained efforts to impose right-wing political orthodoxy on our courts and judges,” said Whitehouse.

Sen. Menendez spoke about the response of the Hispanic community to Sotomayor nomination, but also mentioned the appreciation of the few Republican Senators who have said they will vote yes for her confirmation.

“When she raises her hand and takes that oath of office, the Supreme Court will be better, the nation will be better, and we will have fulfilled our promise as a country,” said Menendez.

Civil rights organizations including the Hispanic Federation, the Alliance for Justice, the NAACP and others were also present in support of Sotomayor. Many people held signs with the slogan “I stand with Sotomayor,” and at one point, a chant of, “What do we want?-Sonia-When do we want it?-Now,” erupted.

Judiciary Committee Chairman Patrick Leahy (D-Vt.) and Senate Majority Leader Harry Reid (D-Nev.) joined representatives of various civil rights organization in a press conference Wednesday to discuss the historic nomination and upcoming Senate vote of Judge Sonia Sotomayor.

By Courtney Ann Jackson-Talk Radio News Service

Civil rights organizations voiced their support of Supreme Court nominee Judge Sonia Sotomayor just one day after the Senate Judiciary Committee voted 13-6 to confirm her nomination.

Judiciary Committee Chairman Patrick Leahy (D-Vt.) and Senate Majority Leader Harry Reid (D-Nev.) joined representatives of various organizations in a press conference Wednesday to discuss the historic nomination and upcoming Senate vote.

Leadership Conference on Civil Rights President Wade Henderson said, “Her elevation to the Supreme Court would mark another advance on the road to equal opportunity that this nation has traveled from its founding; but, even more importantly, it would give Americans a Justice they can be confident will uphold their constitutional values, the rule of law and the principle of equal justice for all.”

Lillian Rodriguez Lopez of the National Hispanic Leadership Agenda spoke about Sotomayor from both a professional and a personal perspective. Lopez fought back tears as she explained that while she, too, is a Hispanic woman from New York, she could only “pray to possess” the qualities and skills that Sotomayor possesses.

“I hope that next week that the members of the entire Senate will send a message of resounding support for Judge Sotomayor to the American people, to the Hispanic American people, when they vote for her confirmation,” said Lopez.

Reid said he is currently trying to cut a deal with Minority Leader Sen. Mitch McConnell (R-Ky.) regarding the floor debate, but isn’t certain on how long the debate may last. He dismissed Republicans’ concerns over Sotomayor, asking rhetorically, “How many times do we have to listen to the same speeches on the same brief statements she made, on the same case that she talked about?”

Reid added that the Senate will be working long hours to ensure that the confirmation vote is one of the last things they do before they leave for the August recess.

In a vote that surprised no one, Judge Sotomayor was approved by the Senate Judiciary Committee, largely along party lines. All 12 Democrats on the committee voted to confirm, joined by Senator Lindsay Graham (R-SC). The remaining 6 Republican senators voted against confirmation, leaving Sotomayor with a 13-6 vote.

Republican senators, led by Senator Jeff Sessions (R-Ala.), Ranking Member of the committee, continued to criticize Sotomayor for her decisions in cases concerning race discrimination, gun rights, and property rights, as well as her speeches in which she discussed the role ethnicity and background play in judicial decision making. Senator Graham, explaining why he was voting for her, nevertheless expressed concern that she had made statements about judicial decision making while she was a judge.

Senator Coburn (R-Okla.) said he believed Sotomayor was speaking from the heart in her speeches, but he said he was voting against her not for the content of those speeches but because she did not defend her statements when challenged in the hearings. If she believed, as Coburn thought judges should believe, that her rulings would be objective and unaffected by her personal beliefs, she should not have hesitated to stand behind her statements.

Democrats for the most part praised Sotomayor’s record as a prosecutor and a judge, repeating that her judicial experience exceeds that of any other nominee in the last 100 years. They also said that her record showed that she was a fair and impartial judge. Finally, they repeated her personal story and spoke of her as an inspiration to women and minorities wanting to pursue a career in the law.

Chairman Leahy could not say when Sotomayor’s confirmation would come before the full Senate, but he said it would have to be before the Senate leaves for the August recess, since the Supreme Court is scheduled to hear an early session of oral arguments on September 9. The Senate will have several days of debate on Sotomayor, though we are unlikely to hear any new arguments before the vote.

Sen. Lindsey Graham (R-S.C.) says Supreme Court Nominee Sonia Sotomayor could inspire young women, particularly young latinas, to enter a career in law. The Senator goes on to say that America changed for the better following her selection. (0:22)

 

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Sen. Lindsey Graham (R-S.C.) says he’s voting to confirm Judge Sonia Sotomayor as the next Supreme Court Justice despite the fact that she is not someone he would have chosen. He says his decision became easier for him as the hearings went on. Graham says he is basing his vote on Sotomayor’s qualifications and that he came away from the hearings believing she is well suited for the position. (0:40)

 

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