Courts
"A Puerto Rican civil rights organization with ties to Supreme Court nominee Sonia Sotomayor on Tuesday turned over a new round of documents to the Senate Judiciary Committee on her affiliation with the group,"
Roll Call reports. "But the move has done little to appease Judiciary Republicans who are complaining that the information provided represents just a preliminary culling of seven or eight of the 300-plus boxes of documents that they are demanding."
"Chief Justice John G. Roberts Jr. emerged as a canny strategist at the Supreme Court this term, laying the groundwork for bold changes that could take the court to the right even as the recent elections moved the nation to the left," the New York Times writes. "The court took mainly incremental steps in major cases concerning voting rights, employment discrimination, criminal procedure and campaign finance. But the chief justice’s fingerprints were on all of them, and he left clues that the court is only one decision away from fundamental change in many areas of the law. Whether he will succeed depends on Justice Anthony M. Kennedy, the court’s swing vote. And there is reason to think that the chief justice has found a reliable ally when it counts."
"The Supreme Court will have a new look -- and perhaps a new member -- but the same right-of-center tilt when the justices return in late summer to deal with unfinished business about money in campaigns," AP writes. "Some justices will change seats with the retirement of Justice David Souter, with the more senior justices closer to the center of the bench. But the conservatives still should be able to muster majorities in the areas of civil rights and campaign cash."
From NBC's Pete Williams
As a technical matter, Norm Coleman has the legal option to appeal today's decision over the Minnesota Senate recount to the U.S. Supreme Court. As a practical matter, however, it's over.
Five members of the Minnesota Supreme Court today rejected every legal argument Coleman raised. Though the court has seven members, the ruling was unanimous.
Two members -- Chief Justice Eric Magnuson and Justice Barry Anderson -- recused themselves from the case, because they were on the statewide canvassing board and could not be in the position of essentially ruling on their own earlier conclusion about the election.
Today's decision does not order the governor to act, but it says
Al Franken "is entitled" under state law "to receive the certificate of election." The court put the legal effect of its ruling on hold for 10 days -- time enough for Coleman to seek relief from the U.S. Supreme Court.
Many legal scholars agree, however, that it's nearly a certainty that the U.S. Supreme Court will stay out of this. It was one thing for the court to take up the Florida election challenge in 2000, because that involved the presidential election. No such pressing national concern is present here, and there's every reason to think Coleman received fair consideration from the Minnesota courts.
From NBC's Mark Murray
Not surprisingly, Democrats are now putting pressure on Minnesota Gov. Tim Pawlenty
to certify Al Franken as the winner in Minnesota, and on Norm Coleman to bow out of the race.
Sen.
Bob Menendez, chairman of the Democratic Senatorial Campaign Committee, said: "We've always said that Norm Coleman deserved his day in court, and he got eight months. Now we expect Gov. Pawlenty to do the right thing, follow the law, and sign the election certificate."
Added DNC Chairman
Tim Kaine: "Norm Coleman should concede and Gov. Pawlenty should sign the election certificate which Al Franken is entitled to."
And here's Senate Majority Leader Harry Reid: "I once again encourage Gov. Pawlenty to respect the votes of his constituents and the decisions of his state's highest court. He should put politics aside, follow his state's laws and finally sign the certificate that will bring this episode to an end."
From NBC's Mark Murray and Chuck Todd
Is the never-ending recount in Minnesota over? It very well might be.
Moments ago, the Minnesota Supreme Court ruled unanimously that Al Franken beat Norm Coleman in that contested race. "[W]e affirm the decision of the trial court that Al Franken received the highest number of votes legally cast and is entitled under Minn.
32 Stat. § 204C.40 (2008) to receive the certificate of election as United States Senator from the State of Minnesota."
Video: The Minnesota Supreme Court on Tuesday ordered that Democrat Al Franken be certified as the winner of the state's long-running Senate race.
That would give Democrats their filibuster-proof 60 votes in the Senate (although getting ill Democrats like
Ted Kennedy and
Robert Byrd to vote on legislation will be a challenge).
There are two things to watch. One, will Minnesota Gov.
Tim Pawlenty (R) certify Franken the winner? Pawlenty has said he'll do so if the Minnesota Supreme Court orders him. (Question: Is the court saying Franken is "entitled" an order?) Two, will Coleman take his appeal to the U.S. Supreme Court?
By the way, Franken is holding a press conference at 5:15 pm ET.
The Washington Post: “The Supreme Court's rejection of a decision against white firefighters endorsed by Judge Sonia Sotomayor gives Republicans a renewed chance to attack her speeches and writings but is not expected to imperil her confirmation to the high court, political and legal sources said yesterday.”
The AP adds, “The 5-4 ruling Monday … is unlikely to derail Sotomayor's nomination -- and it may not even sway a vote. Reaction to the decision fell almost purely along partisan lines, with Republicans cheering the decision and saying it raises serious concerns about the judge, and Democrats condemning the opinion and arguing that Sotomayor had acted appropriately.”
Video: The Supreme Court rules that white firefighters in Connecticut were unfairly denied promotions. NBC’s Pete Williams reports.
Roll Call: “In a conference call with reporters, Sen. Charles Schumer (D-N.Y.) — a member of the Judiciary Committee — argued the Supreme Court’s ruling in Ricci v. DeStefano should not be seen as a rebuke of Sotomayor’s judicial temperament, but rather an indication that she is a moderate jurist who was simply following precedent.”
Indeed, “White House press secretary Robert Gibbs all but accused the current court of ‘judicial activism,’ a buzz term used by conservatives in recent years, in overturning what the White House saw as Sotomayor's upholding of precedent,”
The Hill says.
From NBC's Ken Strickland
Sen. Jeff Sessions, ranking member of the Senate Judiciary Committee, applauded the Supreme Court's New Haven firefighters ruling, while criticizing Supreme Court nominee Sonia Sotomayor's. She sided with the judges on the lower court whose ruling was overturned today.
"The Supreme Court found that Judge Sotomayor was wrong to allow the city to change its promotion exam after it was given, solely to favor a group because of race," Sessions said in a written statement.
He went on to say judges should rule on the law, the facts, and the Constitution, "and not play favorites. This case sharpens our focus on Judge Sotomayor's troubling speeches and writings, which indicate the opposite belief: that personal experiences and political views should influence a judge's decision."
Video: University of Maryland Law School Prof. Sherrilyn Ifill and author Cliff Sloan debate the Supreme Court's New Haven firefighters decision.
Senate Republican Leader
Mitch McConnell added, "Not only did Judge Sotomayor misapply the law, but the perfunctory way in which she and her panel dismissed the firefighters' meritorious claims of unfair treatment is particularly troubling ... underscoring my concern that she may have allowed her personal or political agenda to cloud her judgment and affect her ruling."
Similar views were also expressed by other Judiciary Committee Republicans. Sen.
Orrin Hatch said, "The Second Circuit should have recognized the serious and unique issues this case raised and given it the thorough treatment it deserved." And Sen.
John Cornyn said, "[W]hile the Justices divided on the outcome, all nine Justices were critical of the trial court opinion that Judge Sotomayor endorsed."
From NBC's Pete Williams
While the Supreme Court did reverse the ruling that Sonia Sotomayor joined in the New Haven case, it also raised the stakes for getting her confirmed early.
The court today took the unusual step of holding one case back and asking for additional argument from the lawyers, which the court will hear on Sept. 9. Justice David Souter, as of today, is gone from the court. So the justices will hope Sotomayor gets confirmed before Sept 9, to avoid the possibility of a 4-4 tie.
The case held back is a challenge to a part of the campaign finance law restricting broadcast ads in the periods before primary and general elections.
From NBC's Jonathan Dienst and Mark Murray
More breaking news today: A federal court in New York just sentenced convicted fraudulent investment schemer Bernard Madoff to 150 years in jail.
There was applause in the courtroom when the sentence was read.
Video: Victims of Ponzi schemer Bernard Madoff tell CNBC how they feel about his 150-year sentence, immediately after it was handed down.
Madoff is 71 years old.
There was no fine. All Madoff assets will go to the victims.
From NBC's Mark Murray
Breaking news from the AP: U.S. Supreme Court rules for white firefighters
who say they were denied promotion over race.
Video: NBC's Pete Williams reports on the Supreme Court decision in favor of the white firefighters.
The decision was 5-4.
This, of course, overturns a ruling by a 2nd Circuit panel that included Supreme Court nominee
Sonia Sotomayor.
