Sotomayor, Ginsburg and Kagan: 1/3 of the Highest Court

Justices Sonia Sotomayor, Ruth Bader Ginsburg and Elena Kagan

  
This picture just make my heart sing. I can't wait until the day where the United States Supreme Court actually has a majority of women on it!

Kagan Confirmed To SCOTUS; It's Now 1/3 Female

By a vote of 63 to 37, the United States Senate confirmed President Barack Obama's second Supreme Court nominee, Elena Kagan, 50, to the country's highest court. That body will have three women serving simultaneously, the most ever when Kagan joins Ruth Bader Ginsburg, 77, and Sonia Sotomayor, 56, as the 112th Justice of the United States Supreme Court.

Obama Nominates Elena Kagan To SCOTUS

Kagan is only 50-years-old and would become the 4th woman ever on the nation's highest court, with 3 serving simultaneously for the first time.

I think she's a lesbian, and so do other people. Whether this will prevent her from being on the Court is anyone's guess. Regardless of whether she is a lesbian or not, having another single woman (Sonia Sotomayor was briefly married and now is a permanent divorcee) on the nation's highest court will do wonders for gender equity in this country.

Obama's List For SCOTUS Has 10 Names On It

The New York Times reports that although the top 3 favorites have not changed (Solicitor General Elena Kagan, 5th Circuit Court of Appeals Judge Diane Wood and D.C. Circuit Court of Appeals Judge Merrick Garland) President Obama is interviewing up to 10 candidates for the upcoming vacancy on the Supreme Court due to Justice John Paul Stevens already-announced retirement.

The other seven on the (not-so short) list are:

Sidney R. Thomas, 9th Circuit Court of Appeals

Ann Claire Williams, 7th Circuit Court of Appeals

Gov. Jennifer M. Granholm of Michigan;

former Chief Justice Leah Ward Sears of the Georgia Supreme Court;

Martha Minow, dean of Harvard Law School;

Justice Carlos R. Moreno of the California Supreme Court;

Homeland Security Secretary Janet Napolitano.

I'm curious as to why liberal judicial rock stars Pamela Karlan and Kathleen Sullivan are not being publicly considered. Could it be because they are openly lesbian? It is heartening to see that Justice Carlos Moreno is still under consideration, however.

Justice Stevens, 89, Announces Summer Retirement

John Paul Stevens, was appointed to the court
in 1975 by President Ford

Ending speculation, Justice John Paul Stevens, the oldest and longest serving member of the nation's highest court announced that he will retire at the end of this year's term in June, giving President Barack Obama a second opportunity in as many years to name a new member of the Supreme Court.

For the second summer in a row, Washington will face the "drama" of a Supreme Court nomination fight. Last year, Obama chose Sonia Sotomayor to replace retiring David Souter. At 55, Sotomayor became the third woman and first Hispanic justice to serve on the Court when she was approved by a United States Senate vote of 68-31 on August 6, 2009.

The short list to replace Stevens looks like:

Merrick B. Garland

57 years old

Judge, United States Court of Appeals for the District of Columbia Circuit

Harvard College, 1974; Harvard Law School, 1977

A former federal prosecutor now on the United States Court of Appeals for the District of Columbia Circuit, Judge Garland is well regarded by Democrats and influential Republican senators like Orrin G. Hatch of Utah.

Diane P. Wood

59 years old

Judge, United States Court of Appeals for the Seventh Circuit in Chicago

University of Texas at Austin, 1971; University of Texas Law School, 1975

Judge Wood opposed some abortion restrictions and is respected for standing firm against strong, conservative judges on the United States Court of Appeals for the Seventh Circuit. She and President Obama were colleagues at the University of Chicago.

Elena Kagan

49 years old

Solicitor general

Princeton, 1981; Oxford, 1983; Harvard Law School, 1986

With no judicial record, Ms. Kagan is less known. As dean at Harvard Law School, she hired conservative professors to expand academic diversity and has supported assertions of executive power.

Jennifer M. Granholm

51 years old

Governor of Michigan

University of California, Berkeley, 1984; Harvard Law School, 1987

Ms. Granholm is nearing the end of her second term as the first female governor of Michigan. As governor, she has generally opposed legislation to restrict abortion and twice vetoed bans on partial-birth abortion. She was born in Canada and became a United States citizen at age 18.

Janet Napolitano

52 years old

Secretary of Homeland Security

Santa Clara University, 1979; University of Virginia School of Law, 1983

A former Democratic governor in Republican-dominated Arizona, Ms. Napolitano takes pride in defying easy labels and is as strongly supportive of abortion rights as she is of the death penalty. Her prospects might be hurt by criticism that she portrayed a thwarted Christmas bombing of a Detroit-bound airline as a test that the air safety system passed.

I have my money on Elena Kagan, who would also be the first openly gay member of the Court. Other lesbians under possible consideration are Kathleen Sullivan, 54, former Dean of Stanford Law School and Pamela Karlan, 50, another Stanford Law Professor.

Top 10 Most Significant LGBT Events of 2009

It's that time of year! No, I'm not talking about Chrismuhkwanzakkuh, I'm talking about the annual ritual of making of Top 10 lists. Herewith is my list of the Top 10 Most Significant LGBT Events of 2009 in the United States.

10. Sonia Sotomayor is confirmed to the United States Supreme Court: August 6, 2009.

Hey, the United States Supreme Court doesn't get new members every year. Lots of presidents don't get to appoint any justices, and their influence can extend far beyond a presidential quadrennial or octennial term of office. So it must have been music to the ears of former University of Chicago Law School professor Barack Obama when Associate Justice (and confirmed bachelor) David Souter announced he wanted to return to New Hampshire and leave the nation's highest court. With 60 votes in the majority caucus, Obama could have forced almost anyone through the Senate (including openly gay law school deans Elana Kagan and Kathleen Sullivan) but he chose the person at the top of everyone's short list: Sonia Sotomayor, the New Yorker of Puerto Rican descent who went to Princeton and Yale Law School and went on to become the the first female, Hispanic justice. Although she was asked (and politely declined to answer) her thoughts on LGBT issues there's no question that Sotomayor's vote will be key to achieving full equality under the federal constitution for LGBT Americans in my lifetime.

9. The Vermont Legislature overrides the Governor's veto to enact marriage equality: April 7, 2009.

In a breathtakingly brief period of a few weeks late this Spring, the legislatures of Maine, New Hampshire, Connecticut and Vermont all passed marriage equality measures.Vermont was particularly stunning, because the Republican governor had the temerity to veto the measure and the Legislature was able to achieve a two-thirds majority in both Houses (by a margin of one vote in the lower body) to enact the law ending discrimination against same-sex couples having their relationships recognized by civil authorities in the Great State of Vermont.

8. The District of Columbia becomes the first Southern jurisdiction to pass marriage equality legislation: December 18, 2009.

Just squeaking in before the end of the year, the District of Columbia, which has a population slightly larger than the state of Wyoming and slightly less than the state of Vermont, passed a marriage equality ordinance through its unicameral legislature, the DC City Council 11-2. What makes the action so significant is the fact that the District of Columbia is below the Mason-Dixon line, which means that it is the first jurisdiction in the Southern United States (which also has a majority African American population) to affirm the principle that equality for all includes gay and lesbian couples access to civil marriage.

7. Barack Obama becomes 2nd sitting President to address LGBT rights fundraising event, reiterates promises to end "Don't Ask, Don't Tell": October 10, 2009.

After an increasingly impatient LGBT community complained that the Obama administration's moves towards institutionalizing LGBT progress were distressingly slow, the President agreed to attend the Human Rights Campaign's annual DC gala, which this year was occurring a few hours before hundreds of thousands of LGBT citizens would walk the streets of DC for the National Equality March. At the dinner, Obama gave a typically stirring speech where he reiterated his opposition to Don't Ask, Don't Tell and the Defense of Marriage Act and called for Congress to pass the Employment Non-Discrimination Act, the Domestic Partner Benefits and Obligations Act and the federal hate crimes act for his eager signature. Obama became the first president to attend an LGBT fundraising event in the first year of his first term (Clinton attended in 1997 after his re-election the year before) but it was not enough. LGBT critics complained that Obama did not layout a timeline for when his legislative accomplishments would be achieved.

6. Openly lesbian Annise Parker is elected mayor of Houston, the nation's 4th largest city: December 12, 2009.

After being elected by her hometown six consecutive times statewide in races for City Council and as City Controller, Annise Parker built up a resume and reputation that one would expect for a leading contender to be elected mayor of the nation's fourth largest city. That she was also openly gay and had been so for her entire electoral career gave the race against African-American Gene Locke extra media attention. In the end, Parker was elected handily. Whose to say that she will stop at Mayor? What her election does show is that there is no lavender ceiling for openly LGBT politicians in electoral politics.

5. California Supreme Court refuses to strike down Proposition 8 but affirms marriages of same-sex couples entered into prior to its passage: May 26, 2009.

Almost exactly one year after the California Supreme Court released its landmark ruling In Re Marriage Cases (which struck down Proposition 22 and the state's 1974 marriage statute, legalized marriage for same-sex couples and elevated sexual orientation to a category receiving the highest level of judicial analysis) the same court disappointed millions of people by refusing to exhibit similar judicial courage to invalidate Proposition 8. In a 6-1 vote (only Justice Carlos Moreno, under consideration by President Obama for the United States Supreme Court at the time, was willing to strike down the constitutional amendment which stripped same-sex couples of the right to marry) the Court upheld the legality of Proposition 8 under the California constitution. The Court also unanimously upheld the legal principle that all people married during the 173 days between June 15, 2007 and November 3, 2008 had all the rights and responsibilities of civilly married couples. This will not be the last word on whether Proposition 8 will remain in the California Constitution, however, the legal superduo of Ted Olson and David Boies have filed a federal lawsuit against the measure, and a full trial has been scheduled for January 11, 2010.

4. The Iowa Supreme Court unanimously rules in favor of marriage equality: April 3, 2009.

In the last three years all of the half-dozen or so state Supreme Court decisions which have decided marriage equality prior to Iowa's unanimous Varnum v. Brien decision had been 4-3-vote majorities (Favorably: Massachusetts, 2004; California, 2008; Connecticut, 2008. Unfavorably: New Jersey, 2005; New York, 2006; Washington, 2006; Maryland, 2007). That's what makes the ruling by the Iowa State Supreme Court so significant. The logic that there is no rational basis or legitimate state purpose for preventing same-sex couples from being issued civil marriage licenses is unassailable. The decision went into effect three weeks later, and same-sex couples have been getting married ever since without much publicity. In Iowa, the state constitution can only be amended by passing through the state legislature and the Democratic majority is refusing to consider such a measure. Iowa puts paid to the idea that gay marriage is an idea that is a purely liberal or geographically centered. If same-sex couples are getting married in Iowa, can Kansas be far behind?

3. On election day, Maine voters reject marriage equality law while Washington voters retain "everything but marriage" comprehensive domestic partnership statute: November 3, 2009.

The weeks and months leading up to election day were dominated by the "Proposition 8-redo" in Maine called Question 1 where heterosexual supremacists again forced a public vote on whether private relationships would be treated equally by the state. Another public vote, another devastating loss. For the 31st time in 32 tries, the public voted against marriage equality for LGBT couples, this time by a margin of 52.75% Yes to 47.25% No (even larger than Proposition 8's 52.3 Yes to 47.7% No in 2008). However, thousands of miles away in Washington State, voters overwhelmingly Approved Referendum 71 (by a margin 0f 53.15% to 46.85% or 113,00 votes) to retain a recently enacted comprehensive domestic partnership law modeled after California's landmark AB 205 from 2003. (Interestingly, Nevada was able to enact their comprehensive domestic partnership act over their Republican governor;s veto on May 31, 2009.)

2. John A. Pérez is named the next Speaker of the California Assembly, the first openly gay person of color to head a state legislative body: December 10, 2009.

John A. Pérez is someone I have hung out with at parties and sat next to at banquets and stood next to at rallies. He is also the first LGBT person of color ever to be elected to the California legislature (in 2008). In January 2010, he will become the Speaker of the Assembly, one of the Top 3 positions in California politics. Yes, he's the cousin of the Mayor of Los Angeles and had to defeat my own Assemblyman Kevin de Leon in order to win over a majority of the California Democratic caucus as a first-term legislator in order to have up to 4 years of eligibility to serve as head of the lower body of the California Legislature, the first gay and third Latino to do so. His elevation among his peers, along with Annise Parker demonstrates the assimilation of sexual orientation into the mainstream of Democratic politics. It is more likely John's sexual orientation helped him rather than hurt him in becoming Speaker of the California Assembly and that speaks volumes for the trajectory of the LGBT civil rights movement in the future.

1. President Barack Obama signs the federal hate crimes bill (the Matthew Shepard and James Byrd, Jr Hate Crimes Prevention Act) into law: October 28, 2009

Despite the carping from some corners that the legislation only gives rights to LGBT people only after they are victimized or dead, the historic echoes of the President's signature on H.R. 1913 should not be under-estimated. The federal hate crimes bill became the first piece of federally enacted legislation to ever include the words "gender identity" and only the second to expand rights based on sexual orientation. Yes, the measure was attached to a "must-pass" piece of legislation, the Defense Reauthorization Act of 2009, instead of a stand-alone bill. But this did not make Republican opposition any less fierce or morally questionable.

US Supreme Court 2009-10 Term Begins Today

The official new term of the United States Supreme Court begins today, with a new member of the Court, Associate Justice Sonia Sotomayor. NPR's Nina Totenberg has a rundown on what to expect.

VIDEO: Sotomayor Sworn In As 111th SCOTUS Justice

Sotomayor Confirmed 68-31 To US Supreme Court

Talking Points Memo is reporting that ailing Ted Kennedy (D-MA) missed the vote while all 59 other members caucusing with the Democrats voted in favor including nine Republicans:

Here's who they are: Lamar Alexander (TN), Kit Bond (MO), Susan Collins (ME), Lindsey Graham (SC), Judd Gregg (NH), Richard Lugar (IN), Mel Martinez (FL), Olympia Snowe (ME) and George Voinovich (OH).

Alexander, Bond, Gregg, Martinez and Voinovich are all retiring in 2010 and not running for re-election. How much longer do you think it will take the Republicans to try and kick out Collon, Graham, Lugar and Snowe out of their party??

Sotomayor Clears First Hurdle Easily

The United States Judiciary Committee approved the nomination of Judge Sonia Sotomayor for consideration by the whole Senate by a vote of 13 to 6 with all 12 Democrats voting in favor and all but one of the 7 Republicans voting against the nomination. The lone Republican endorsing Sotomayor was Lindsey Graham of South Carolina.

The nomination should come to a full vote next week, before the Senate goes on a month-long summer holiday without passing a health care bill.

Interestingly, today MadProfessah will be spending some time with one of Sotomayor's rivals for the Supreme Court nomination, California Supreme Court Justice Carlos Moreno. Moreno, you will recall is the only Democrat on the state Supreme Court and was also the only vote to strike down Proposition 8 on the Court. Despite that, Justice Moreno made it to President Obama's short list to fill the David Souter vacancy.

MadProfessah debating Sotomayor Nomination Online

For the next 24 hours I'm participating in an online debate over the Sotomayor nomination at Bloggerheads between me (Democrat) and a Republican and a Libertarian. Check it out!

My first post is up, it's called "Elections Have Consequences."

Obama Supports Sotomayor Nomination In Weekly Address

Obama Nominates First Latina To Supreme Court

President Barack Obama has chosen Sonia Sotomayor to replace retiring Justice David Souter on the US Supreme Court. From FirstRead:

She currently serves on the Second Circuit in New York and was appointed to that position by Bill Clinton. BUT she was appointed to her first federal court appointment by President George H.W. Bush… She checks lots of boxes: Woman. Hispanic. Empathy… While working for the famed Robert Morgenthau in the New York District Attorney's office in the early 1980s, she described herself as a "liberal.”… Also has drawn criticism for saying in 2005: “All of the legal defense funds out there they're looking for people with court of appeals experience because it is-- court of appeals is where policy is made." She tried to backtrack, but conservatives are already rallying to defeat her based on this. Other bio information: Child of parents born in Puerto Rico... Grew up speaking mostly Spanish... Raised in a public housing project in The South Bronx in the shadow of Yankee Stadium... Father died when she was 9... A diehard Yankees fan, she's credited as the judge who saved baseball, issuing an injunction that led the eventual settlement of the 1990s-era Major League Baseball strike... Described by the New York Times in the early 1980s as an incessant smoker… Divorced from Kevin Edward Noonan in 1983 after seven-year marriage (no children). She left the NY District Attorney's office a year later and went into private practice... Graduated summa cum laude in 1976 from Princeton after winning a scholarship to the school... Earned her law degree from Yale in 1979, where she edited the Law Review.

Big day for court reporters today. The Prop 8 ruling is coming down at 10am PDT from the California Supreme Court.