Tag: Associate Justice Sonia Sotomayor

  • Newswire: Supreme Court decision heavily diminishes ineffective counsel defense

    The Roberts Court, April 23, 2021 Seated from left to right: Justices Samuel A. Alito, Jr. and Clarence Thomas, Chief Justice John G. Roberts, Jr., and Justices Stephen G. Breyer and Sonia Sotomayor Standing from left to right: Justices Brett M. Kavanaugh, Elena Kagan, Neil M. Gorsuch, and Amy Coney Barrett. Photograph by Fred Schilling, Collection of the Supreme Court of the United States

    By Stacy M. Brown, NNPA Newswire Senior National Correspondent


    Although Justice Sonia Sotomayor called the decision perverse and illogical, the U.S. Supreme Court ruled on Monday, May 23, that state prisoners may not present new evidence in federal court to support claims that their counsel was ineffective in violation of the Constitution.
“This decision is perverse. It is illogical,” Sotomayor wrote in a scathing dissenting opinion.
The high court’s ruling severely diminishes opportunities for inmates to claim ineffective assistance of counsel even if attorneys failed to represent their clients properly.
“It makes no sense to excuse a habeas petitioner’s counsel’s failure to raise a claim altogether because of ineffective assistance in postconviction proceedings, as (the case of) Martinez and Trevino did, but to fault the same petitioner for that postconviction counsel’s failure to develop evidence in support of the trial-ineffectiveness claim,” Sotomayor responded.
 Justice Clarence Thomas wrote the majority opinion in the 6-3 vote.
He determined that allowing claims of ineffective counsel go forward would result in delays, much of which federal courts “must afford unwavering respect to the centrality of the trial of a criminal case in state court.”
The ruling defeats petitions from two death row inmates who asserted they had compelling claims that their state lawyers failed to pursue.
It should also make it more difficult for inmates to win claims of ineffective counsel at the state court level during appeals.
“Serial re-litigation of final convictions undermines the finality that is essential to both the retributive and deterrent functions of criminal law,” Thomas wrote, citing previous case law.
“Further, broadly available habeas relief encourages prisoners to sandbag state courts by selecting a few promising claims for airing on state postconviction review while reserving others for habeas review should state proceedings come up short,” he continued.
However, the majority opinion “reduces to rubble many inmates’ Sixth Amendment rights to the effective assistance of counsel,” Sotomayor determined.
“The Sixth Amendment guarantees criminal defendants the right to the effective assistance of counsel at trial,” she insisted.
“Today, however, the court hamstrings the federal courts’ authority to safeguard that right.”
Arizona officials had referred to a federal law they interpreted to mean that an inmate could not develop a claim in federal court if it hadn’t been raised in state court.
Lawyers for the inmates countered that the state misread the law because the inmate couldn’t face blame for the mistake of their state-appointed lawyer.
Barry Jones, one of the inmates at the center of the Supreme Court ruling, argued that ineffective assistance of counsel robbed him of a just and fair verdict.
Jones, who maintains his innocence, had earned relief from the 9th Circuit Court of Appeals before the Supreme Court ruling.
The second Arizona inmate, David Ramirez, claimed that his attorney failed to investigate his intellectual disability.
“State prisoners already have a strong incentive to save claims for federal habeas proceedings to avoid the highly deferential standard of review that applies to claims properly raised in state court,” Sotomayor wrote.
“Permitting federal fact-finding would encourage yet more federal litigation of defaulted claims.”

  • Newswire: President Biden nominates Judge Ketanji Brown Jackson for the U.S. Supreme Court

    Judge Katanji Brown Jackson introduced at the White House, flanked by President Joe Biden and Vice-President Kamala Harris

     

     

    By Lauren Victoria Burke, NNPA Newswire Contributor


    For the first time in American history, a Black woman has been nominated to serve on the U.S. Supreme Court.
    By selecting Judge Ketanji Brown Jackson on Feb. 25, President Joe Biden completed his pledge to select a Black woman for the court for the first time in history.
    A Black woman has never served on the U.S. Supreme Court since it was created in 1789 — over 232 years ago. Since then, only two other Black persons have served on the Supreme Court, Thurgood Marshall, who was appointed by President Lyndon Johnson in 1967, and Clarence Thomas, who was appointed by President George H. W. Bush in 1991 amid significant controversy.
    In over two centuries, 114 justices have served on the Supreme Court and 108 of them have been white men.
    Judge Ketanji Brown Jackson, 51, currently serves on the U.S. Court of Appeals for the District of Columbia Circuit. That federal court is seen as a feeder for nominees to the U.S. Supreme Court.
    Judge Jackson was born in Washington, D.C., and raised in Miami, Florida.  She attended Harvard University for college and law school and was the editor of the Harvard Law Review. She began her legal career as a clerk to U.S. Supreme Court Associate Justice Stephen Breyer.
    In what may have been a clue that Judge Jackson would be nominated, the U.S. Court of Appeals for the District of Columbia broke with tradition on Feb. 24 and issued an opinion on a Thursday.  That scheduling change was noted by the media since the court typically only issues opinions on Tuesdays and Fridays.
    Only one other woman of color has served on the Supreme Court, Associate Justice Sonia Sotomayor of New York, who was appointed by President Barack Obama in 2009. Three other women have served on the Supreme Court: Sandra Day O’Connor, who was appointed by President Ronald Reagan in 1981; Ruth Bader Ginsberg, who was appointed by President Bill Clinton in 1993; Associate Justice Elena Kagan, who was appointed by President Obama in 2010; and Associate Justice Amy Barrett who was appointed by President Donald Trump in 2020.
    In 1958, just 3 percent of law school students were women. In 2020, women made up 54 percent of law students in the United States.
    The 51-year-old District native, who shares two children with her husband Patrick Jackson, worked in civil and criminal appellate litigation in both state and federal courts for Morrison & Foerster LLP.
    Judge Brown Jackson also served as an assistant federal public defender in the appeals division of the Office of the Public Defender in D.C. She will be the first public defender to serve on the Supreme Court. She will also be the first defense attorney since Thurgood Marshall to serve on the high court.
    Though the selection represents a historic moment in American history, the court will maintain its 6-3 conservative edge as it tackles high-profile and controversial cases, including gun rights, religious liberty, and abortion.
    “Judge Katanji Brown Jackson will fight for African Americans and other communities of color. We haven’t had this on the Supreme Court since Justice Thurgood Marshall,” said National Newspaper Publishers Association (NNPA) President and CEO Dr. Benjamin F. Chavis Jr.
    With a 50-50 Senate, Democrats do not need Republican help to confirm Judge Jackson. Democrats can accomplish the historic confirmation with their 50 votes and Vice President Harris breaking a deadlock.
    Three Republican senators – Sens. Lisa Murkowski of Alaska, Lindsey Graham of South Carolina, and Susan Collins of Maine – supported Judge Jackson when the jurist earned confirmation to the appellate court.

  • Newswire : Supreme Court upholds Muslim travel ban

    by: Frederick Lowe, Northstar News

    Supreme Court.jpg

    U. S. Supreme Court building

    The U.S. Supreme Court handed President Trump a major victory Tuesday by upholding his ban on immigrants and visitors from seven mostly Muslim countries.
    In a 5-4 ruling in the case titled Trump v. Hawaii, the justices rejected the argument that Trump overstepped his authority under immigration laws and that the targeting of mostly Muslim-majority countries amounted to religious discrimination.
    Chief Justice John Roberts who wrote the majority opinion said the ruling concerned the nation’s security.
    Associate Justice Sonia Sotomayor joined by Associate Justice Ruth Bader Ginsburg said the court’s ruling blindly endorsed a discriminatory policy motivated by animosity towards Muslims.
    Sotomayor added that the ruling is a total and complete shutdown of Muslims coming to this country under a façade masquerading as national security measures.
    Trump’s order issued in September 2017 was the third version of the travel ban. It imposed a 90-day ban on citizens from Iran, Libya, Syria, Somalia Yemen, North Korea, and Venezuela entering the U.S. Later, the order put a 120-day hold on the admission of refugees.
    “The Supreme Court has upheld the clear authority of the President to defend the national security of the United States. In this era of worldwide terrorism and extremist movements bent on harming innocent civilians, we must properly vet those coming into our country,” Trump said in a statement.
    Following the Supreme Court’s ruling, advocacy and rights groups warned of an increase in attacks against Muslims, reported Al Jazeera.
    Since Trump took office, reports of crimes against Muslims have climbed, Ibrahim Hooper, spokesman of Council on American-Islamic Relations, told Al Jazeera.