The IUSB Vision Weblog

The way to crush the middle class is to grind them between the millstones of taxation and inflation. – Vladimir Lenin

Another case where Sotomayor virtually ignored the key legal arguments and ruled how she wished.

Posted by iusbvision on June 19, 2009

Much like what happened in Ricci case where Judge Sotomayor ignored the legal arguments at hand to the point where a Clinton appointed judge protested in this case Sotomayor ignored the case law and main argument in a brief regarding FOIA request.

The excerpt below is from the Colombia Journalism Review (CJR). I read CJR and while they maintain that it is all about journalism, it without question has a strong affinity to the far left point of view on most issues, but when you step on a reporters toes as Sotomayor did, partisan attachments go out the window.


“I was about ten, fifteen seconds into my argument when she interrupted with her first question,” remembers Wood. According to Wood’s recollection, Sotomayor first asked Wood if he was contending that the memo had to be released because it may have recommended declining prosecution—the same action the government chose. (CJR was unable to obtain a transcript of the session.)

“Basically she asked me a leading question that invited me to misstate the law,” says Wood. His brief hadn’t made that claim; instead, it contended that the memo may be eligible for release because it laid out the reasons adopted by the eventual decision, a point which Wood says he was able to make in court.

Over the course of questioning, Wood came to believe that Sotomayor wasn’t familiar with his arguments as presented in his brief. “I didn’t expect she’d read the whole thing, but she didn’t even read the parts of the brief she was interested in.”

As unhappy as he may have been during oral argument, Wood was even more dissatisfied when, in December 2005, the three judge panel issued its ruling, written by Sotomayor. His key piece of evidence that further discovery was warranted to determine if the memo had been expressly adopted, the Attorneys’ Manual, was dismissed in a footnote. Sotomayor didn’t quote the manual, and instead offered a paraphrase that made no mention of what Wood contends was the most important part.

“I think the omission of any reference to the language ‘and the reasons therefore’ in that footnote is intellectually dishonest,” Wood explains. “I think Judge Sotomayor and her colleagues owed it to me to at least acknowledge the existence of my main piece of evidence that this memo was adopted as the rationale for the decision to decline prosecution.”

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