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Clarence Thomas takes "swipe" at Sonia Sotomayor in her first Supreme Court opinion.

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Are_grits_groceries Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Dec-09-09 10:19 AM
Original message
Clarence Thomas takes "swipe" at Sonia Sotomayor in her first Supreme Court opinion.
Sotomayor Draws Retort From a Fellow Justice

WASHINGTON — The Supreme Court released its first four decisions in argued cases this term on Tuesday. They were all minor, but one was notable for being Justice Sonia Sotomayor’s Supreme Court debut and for prompting a testy concurrence from Justice Clarence Thomas.

The case concerned whether federal trial-court rulings concerning the lawyer-client privilege may be appealed right away. Justice Sotomayor, with methodical reasoning and a formal writing style, said no.

“Permitting parties to undertake successive, piecemeal appeals of all adverse attorney-client rulings,” she wrote, “would unduly delay the resolution of district court litigation and needlessly burden the courts of appeals.”

Justice Sotomayor said that result was dictated by sound policy and was consistent with a law governing appeals.

The decision was unanimous, but Justice Clarence Thomas declined to join the part of Justice Sotomayor’s opinion discussing why the cost of allowing immediate appeals outweighs the possibility that candid communications between lawyers and their clients might be chilled.
<snip>
http://www.nytimes.com/2009/12/09/us/09sotomayor.html

So when he finally bestirs himself to do something, Thomas disagrees with the newest member of the court. Did Scalia appoint him to be the designated naysayer about her opinions?
What a toad.
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NightWatcher Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Dec-09-09 10:23 AM
Response to Original message
1. hey look, he's awake
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Brickbat Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Dec-09-09 10:23 AM
Response to Reply #1
2. LMAO!
I was just going to say, "HE SPEAKS!" but I guess that doesn't really apply. Your comment is much funnier.
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Thickasabrick Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Dec-09-09 10:26 AM
Response to Reply #1
5. LOL...nt
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Gidney N Cloyd Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Dec-09-09 11:24 AM
Response to Reply #1
16. And he put down the magazine.
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Orsino Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Dec-09-09 10:25 AM
Response to Original message
3. But could you see Scalia's lips moving? n/t
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loyalkydem Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Dec-09-09 10:25 AM
Response to Original message
4. I was going to say
He's alive?
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Solly Mack Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Dec-09-09 10:29 AM
Response to Original message
6. He can rest now for another decade
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rucky Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Dec-09-09 10:30 AM
Response to Original message
7. Were there any pubic hairs involved?
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UTUSN Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Dec-09-09 10:33 AM
Response to Original message
8. K&R #4 for, always beating on the girls, him!1 She used "undocumented immigrant" for the first time
in any SCOTUS usage, which has previously been "illegal immigrant".
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sharp_stick Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Dec-09-09 10:34 AM
Response to Original message
9. Damn I hate that man
Scalia is a real piece of work but at least he has a functioning brain. Thomas has got to be the dumbest person ever appointed to the SC.
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Hekate Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Dec-09-09 10:35 AM
Response to Original message
10. Never mind him. She introduced the first ever use of the term "undocumented immigrant" ! YAY!
Good for the new Justice! :applause: In court precedence, each word matters.

Hekate


> In an otherwise dry opinion, Justice Sotomayor did introduce one new and politically charged term into the Supreme Court lexicon.

> Justice Sotomayor’s opinion in the case, Mohawk Industries v. Carpenter, No. 08-678, marked the first use of the term “undocumented immigrant,” according to a legal database. The term “illegal immigrant” has appeared in a dozen decisions.

http://www.nytimes.com/2009/12/09/us/09sotomayor.html?_r=1
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Liberation Angel Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Dec-09-09 10:45 AM
Response to Original message
11. Don't be too quick to judge this...
First the decision apparently hurts lawyer client privilege and allows exemptions for state secrets or something a little shifty imho.

I need to read the decision, but Thomas's swipe may actually be somewhat accurate PLUS he agreed with Sotomayor that the chilling effect on parties with respect to being able to protect their communications to their lawyers was not enough to allow ythem immediate appeals when a judge says their communications are (or not, presumably) privileged.

of course if it gets us more access to government info then this is a good thing...but I need to read the decision before passing judgment. The story may NOT be the Thomas angle but the fact that Sotomayor is PROTECTING the federal government from its actions intruding on lawyer client privilege to the detriment of citizens.

I am NOT sure. But that may not be too good a thing if it is YOUR private lawyer discussions being ordered disclosed by some judge.

But think about it...

If I get more info I'll weigh in...
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Are_grits_groceries Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Dec-09-09 10:51 AM
Response to Reply #11
12. Meh!
He wakes up just to comment on her opinion when he has been silent on a brazillion other issues.

Sorry, but he gets NO kudos from me because he has been AWOL.
:hi:
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Democrat 4 Ever Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Dec-09-09 11:29 AM
Response to Reply #12
18. I look at him being AWOL as a good thing. Nothing good can come
out of him speaking, writing or thinking.
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Mira Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Dec-09-09 11:15 AM
Response to Reply #11
15. More info, from Clarence T? Dream on, you may not live that long.
Sorry, he has been dormant too long. Even Rip van Winkle moved and groaned a time or two.
In between decades of being a potted plant or rancid chopped liver.
I.cannot.abide.that.man
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Liberation Angel Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Dec-09-09 12:33 PM
Response to Reply #15
23. no, not from him - i want to read the actual decision
i may not like either of their opinions...
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Bitwit1234 Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Dec-09-09 11:01 AM
Response to Original message
13. Oh the sex guy who got away with it. That's a republican for you
those family value people sure know how to keep up the family values.
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Javaman Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Dec-09-09 11:05 AM
Response to Original message
14. amazing, the mute speaks. nt
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jgraz Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Dec-09-09 12:22 PM
Response to Reply #14
19. All it takes is putting a woman on the court
Next he'll be sending her Coke cans.
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BakedAtAMileHigh Donating Member (900 posts) Send PM | Profile | Ignore Wed Dec-09-09 12:25 PM
Response to Reply #19
21. exactly
It's funny how fast the old predator instincts kick in for Clarence, isn't it? The moment he sees a vulnerable woman, he pounces. Coward.
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Brewman_Jax Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Dec-09-09 11:28 AM
Response to Original message
17. Go back to sleep, Clarence
:boring:
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spanone Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Dec-09-09 12:24 PM
Response to Original message
20. stupid meets smart
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calico1 Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Dec-09-09 12:26 PM
Response to Original message
22. Well, he's and idiot. What else can we expect? n/t
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