Scott Huminski Says:
June 3rd, 2009 at 7:50 am e
SOTOMAYOR IGNORANT OF THE LAW

Sotomayor flunks on getting the most basic principle of appellate law wrong – the Standard of Review.

In Huminski v. Haverkoch, 11/5/04, 03-7036 2d. Cir., Sotomayor reveals an ignorance of the law by failing to apply the correct standard of review to an important civil rights case. She found appellate review was for reversible error when the correct standard of review for such a case (summary judgment) is De Novo.

A simple google on, “standard of review for summary judgment de novo” supplies tens of authorities on the issue. I guess Sotomayor would rather be wrong than google on such a rudimentary issue. She also could have assigned her flock of law clerks to research the issue. Further, on a motion for rehearing specifically pointing out her error she did not act and correct it.

Here is the link to the Sotomayor summary order from this case in which she presided over.

http://www.ca2.uscourts.gov/decisions/isysquery/cb42154f-30e6-47ee-ae7c-d8e4c3acc2e5/1/doc/03-7036_so.pdf#xml=http://www.ca2.uscourts.gov/decisions/isysquery/cb42154f-30e6-47ee-ae7c-d8e4c3acc2e5/1/hilite/

Where the order states “For the Court”, it refers to Sotomayor and the 2 other judges on the case.

See a different case of mine, Huminski v. Corsones, No. 02-6201 (2d Cir. 10/07/2004) (“We review a district court’s grant or denial of summary judgment de novo.”)

– Scott Huminski
(202) [phone number withheld by me]

Logan Calder Says:
June 1st, 2009 at 8:34 pm e
your article should be the front page of every newspaper in the country. An absolutely perfect example of accepted racism because of the point of view of the person that made the statement and the perception of that person simply because of skin color, nationality, or gender. Racism should have no color and discrimination should have no gender. Of course we both know she will pass, and get a free pass because of her skin color, nationality, or gender.
In this case, I believe that gender is the most critical component. Picture a Latino male saying the same statement, but comparing himself to a Latina? (Your example is the strongest obviously). Do you think he would be blasted out of the position? I do, for being sexist. I think only a minority woman could get away with this one and get a pass.
I guess if our leaders do it, how do we teach not to do it?, how does that statement shape the mind of a young Latina girl who looks up to this woman and reads this quote as some sort of statement of implied truth simpy because of nationality and gender?.
Her single largest fault, is in the essence of her statement, in that because of her experience she is of the opinion that she is more qualified to make certain decisions than another type of person. If her opinion were fact, then this would also mean that the opposite were true, and she is saying that because of their experience, a White male would make better decisions than her in another situation.
How can this woman qualify to be a Supreme court judge?? Will she only judge on matters that include Latinas??