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Sonia Sotomayor
Sotomayor in 2009
Associate Justice of the United States Supreme Court-nominee
Assuming office pending confirmation from U.S. Senate
Nominated by	Barack Obama
Succeeding	David Souter
Circuit Judge of the United States Court of Appeals for the 2nd Circuit
Incumbent
Assumed office October 7, 1998
Nominated by	Bill Clinton
Preceded by	J. Daniel Mahoney
Personal details
Born	(1954-06-25) June 25, 1954 (age 70) The Bronx, New York
Nationality	United States
Alma mater	Yale Law School (J.D.) Princeton University (A.B.)

Sonia Sotomayor (born June 25, 1954) is a federal judge on the U.S. Court of Appeals for the Second Circuit. On May 26, 2009, President Barack Obama nominated Judge Sotomayor for appointment to the U.S. Supreme Court to replace retiring Justice David Souter.

Early life and family

Sotomayor was born in The Bronx, New York, to Puerto Rican parents. She grew up in a housing project in the South Bronx, a short walk from Yankee Stadium. She was diagnosed with Type I Diabetes at age 8. Her father, a tool-and-die worker with a third-grade education, died the following year. Her mother, Selena Sotomayor, a nurse, raised Sotomayor and her younger brother, Juan Sotomayor, who is now a doctor. Sotomayor has often stated that her mother is her life inspiration. In 1976, Sotomayor married while a student at Princeton University and divorced in 1983.

Education and early legal career

Sotomayor graduated from Cardinal Spellman High School in the Bronx. She earned her A.B. from Cornell University, graduating summa cum laude in 1976. Sotomayor obtained her J.D. from Yale Law School in 1979, where she was an editor of the Yale Law Journal. Sotomayor then served as an Assistant District Attorney under prominent New York County District Attorney Robert Morgenthau, prosecuting robberies, assaults, murders, police brutality, and child pornography cases. In 1984, she entered private practice, making partner at the commercial litigation firm of Pavia & Harcourt, where she specialized in intellectual property litigation.

Federal judicial service

Considered a political centrist by the American Bar Association Journal and others, Sotomayor was nominated on November 27, 1991, by President George H. W. Bush to a seat on the U.S. District Court for the Southern District of New York vacated by John M. Walker, Jr. She became the youngest judge in the Southern District and the first Hispanic federal judge anywhere in New York State.

It is the longstanding practice in most states, including New York, for home-state senators of both parties to play roles in recommending individuals for federal District Court judgeships. According to a blog post by conservative activist Ed Whelan, Democratic Senator Daniel Patrick Moynihan of New York suggested Sotomayor's name to President Bush and Bush appointed centrist Sotomayor in a deal that allowed a conservative judge to be appointed as well. Sotomayor was confirmed by the United States Senate on August 11, 1992, and received her commission the next day.

On March 30, 1995, she issued the preliminary injunction against Major League Baseball, preventing MLB from unilaterally implementing a new Collective Bargaining Agreement and using replacement players, thus ending the 1994 baseball strike. In another high-profile case, she issued an order allowing the Wall Street Journal to publish Vince Foster's suicide note.

It has been suggested that Criticism of Linux and Talk:Linux#Merger proposal be merged into this article. (Discuss) Proposed since May 2009.

Template:Two other uses

Sonia Sotomayor

Tux the penguin, mascot of the Linux kernel
OS family	Unix-like
Working state	Current
Platforms	x86, MIPS, x64, SPARC, DEC Alpha, Itanium, PowerPC, ARM, m68k, PA-RISC, s390, SuperH, M32R and more
Kernel type	Monolithic kernel
License	Various including GNU General Public License, BSD License, Apache License and others

Linux (commonly Template:Pron-en) is a generic term referring to Unix-like computer operating systems based on the Linux kernel. Their development is one of the most prominent examples of free and open source software collaboration; typically all the underlying source code can be used, freely modified, and redistributed by anyone under the terms of the GNU GPL and other free licenses.

Linux is predominantly known for its use in servers, although it is installed on a wide variety of computer hardware, ranging from embedded devices and mobile phones to supercomputers. Linux distributions, installed on both desktop and laptop computers, have become increasingly commonplace in recent years, owing largely to the popular Ubuntu distribution and to the emergence of netbooks.

The name "Linux" (listen) comes from the Linux kernel, originally written in 1991 by Linus Torvalds. The rest of the system usually comprises components such as the Apache HTTP Server, the X Window System, the K Desktop Environment, and utilities and libraries from the GNU operating system (announced in 1983 by Richard Stallman). Commonly-used applications with desktop Linux systems include the Mozilla Firefox web-browser and the OpenOffice.org office application suite. The GNU contribution is the basis for the Free Software Foundation's preferred name GNU/Linux.

History

The Unix operating system was conceived and implemented in the 1960s and first released in 1970. Its wide availability and portability meant that it was widely adopted, copied and modified by academic institutions and businesses, with its design being influential on authors of other systems.

The GNU Project, started in 1984 by Richard Stallman, had the goal of creating a "complete Unix-compatible software system" composed entirely of free software. The next year Stallman created the Free Software Foundation and wrote the GNU General Public License (GNU GPL) in 1989. By the early 1990s, many of the programs required in an operating system (such as libraries, compilers, text editors, a Unix shell, and a windowing system) were completed, although low-level elements such as device drivers, daemons, and the kernel were stalled and incomplete. Linus Torvalds has said that if the GNU kernel had been available at the time (1991), he would not have decided to write his own.

MINIX

In 1991 while attending the University of Helsinki, Torvalds began to work on a non-commercial replacement for MINIX, which would eventually become the Linux kernel.

Linux was dependent on the MINIX user space at first. With code from the GNU system freely available, it was advantageous if this could be used with the fledgling OS. Code licensed under the GNU GPL can be used in other projects, so long as they also are released under the same or a compatible license. In order to make the Linux kernel compatible with the components from the GNU Project, Torvalds initiated a switch from his original license (which prohibited commercial redistribution) to the GNU GPL. Developers worked to integrate GNU components with Linux to make a fully functional and free operating system.

Commercial and popular uptake

Today Linux distributions are used in numerous domains, from embedded systems to supercomputers, and have secured a place in server installations with the popular LAMP application stack. Use of Linux distributions in home and enterprise desktops has been expanding. They have also gained popularity with various local and national governments. The federal government of Brazil is well known for its support for Linux. News of the Russian military creating their own Linux distribution has also surfaced. India has gone so far as to make it mandatory for all state high schools to run Linux on their computers. China uses Linux exclusively as the operating system for its Loongson processor family to achieve technology independence. France and Germany have also taken steps towards the adoption of Linux.

Linux distributions have also become popular with the newly founded netbook market, with many devices such as the ASUS Eee PC and Acer Aspire One shipping with customized Linux distributions pre-installed.

Current development

Torvalds continues to direct the development of the kernel. Stallman heads the Free Software Foundation, which in turn supports the GNU components. Finally, individuals and corporations develop third-party non-GNU components. These third-party components comprise a vast body of work and may include both kernel modules and user applications and libraries. Linux vendors and communities combine and distribute the kernel, GNU components, and non-GNU components, with additional package management software in the form of Linux distributions.

For the 2.6.29 release only, the kernel's mascot, a penguin named Tux, has been temporarily replaced by Tuz in order to highlight efforts to save the Tasmanian Devil from extinction.

Design

A Linux-based system is a modular Unix-like operating system. It derives much of its basic design from principles established in Unix during the 1970s and 1980s. Such a system uses a monolithic kernel, the Linux kernel, which handles process control, networking, and peripheral and file system access. Device drivers are integrated directly with the kernel.

Separate projects that interface with the kernel provide much of the system's higher-level functionality. The GNU userland is an important part of most Linux-based systems, providing the most common implementation of the C library, a popular shell, and many of the common Unix tools which carry out many basic operating system tasks. The graphical user interface (or GUI) used by most Linux systems is based on the X Window System.

User interface

Users can control a Linux-based system through a command line interface (or CLI), a graphical user interface (or GUI), or through controls attached to the associated hardware (this is common for embedded systems). For desktop systems, the default mode is usually graphical user interface (or GUI).

On desktop machines, KDE, GNOME and Xfce are the most popular user interfaces, though a variety of additional user interfaces exist. Most popular user interfaces run on top of the X Window System (or X), which provides network transparency, enabling a graphical application running on one machine to be displayed and controlled from another.

Other GUIs include X window managers such as FVWM, Enlightenment and Window Maker. The window manager provides a means to control the placement and appearance of individual application windows, and interacts with the X window system.

A Linux system typically provides a CLI of some sort through a shell, which is the traditional way of interacting with a Unix system. A Linux distribution specialized for servers may use the CLI as its only interface. A “headless system” run without even a monitor can be controlled by the command line via a remote-control protocol such as SSH or telnet.

Most low-level Linux components, including the GNU Userland, use the CLI exclusively. The CLI is particularly suited for automation of repetitive or delayed tasks, and provides very simple inter-process communication. A graphical terminal emulator program is often used to access the CLI from a Linux desktop.

Development

The primary difference between Linux and many other popular contemporary operating systems is that the Linux kernel and other components are free and open source software. Linux is not the only such operating system, although it is by far the most widely used. Some free and open source software licenses are based on the principle of copyleft, a kind of reciprocity: any work derived from a copyleft piece of software must also be copyleft itself. The most common free software license, the GNU GPL, is a form of copyleft, and is used for the Linux kernel and many of the components from the GNU project.

Linux based distributions are intended by developers for interoperability with other operating systems and established computing standards. Linux systems adhere to POSIX, SUS, ISO and ANSI standards where possible, although to date only one Linux distribution has been POSIX.1 certified, Linux-FT.

Free software projects, although developed in a collaborative fashion, are often produced independently of each other. The fact that the software licenses explicitly permit redistribution, however, provides a basis for larger scale projects that collect the software produced by stand-alone projects and make it available all at once in the form of a Linux distribution.

A Linux distribution, commonly called a "distro", is a project that manages a remote collection of system software and application software packages available for download and installation through a network connection. This allows the user to adapt the operating system to his/her specific needs. Distributions are maintained by individuals, loose-knit teams, volunteer organizations, and commercial entities. A distribution can be installed using a CD that contains distribution-specific software for initial system installation and configuration. A package manager such as Synaptic allows later package upgrades and installs. A distribution is responsible for the default configuration of the installed Linux kernel, general system security, and more generally integration of the different software packages into a coherent whole.

Community

A distribution is largely driven by its developer and user communities. Some vendors develop and fund their distributions on a volunteer basis, Debian being a well-known example. Others maintain a community version of their commercial distributions, as Red Hat does with Fedora.

In many cities and regions, local associations known as Linux Users Groups (LUGs) seek to promote their preferred distribution and by extension free software. They hold meetings and provide free demonstrations, training, technical support, and operating system installation to new users. Many Internet communities also provide support to Linux users and developers. Most distributions and free software / open source projects have IRC chatrooms or newsgroups. Online forums are another means for support, with notable examples being LinuxQuestions.org and the Gentoo forums. Linux distributions host mailing lists; commonly there will be a specific topic such as usage or development for a given list.

There are several technology websites with a Linux focus. Print magazines on Linux often include cover disks including software or even complete Linux distributions.

Although Linux distributions are generally available without charge, several large corporations sell, support, and contribute to the development of the components of the system and of free software. These include Dell, IBM, HP, Oracle, Sun Microsystems, Novell, Nokia. A number of corporations, notably Red Hat, have built their entire business around Linux distributions.

The free software licenses, on which the various software packages of a distribution built on the Linux kernel are based, explicitly accommodate and encourage commercialization; the relationship between a Linux distribution as a whole and individual vendors may be seen as symbiotic. One common business model of commercial suppliers is charging for support, especially for business users. A number of companies also offer a specialized business version of their distribution, which adds proprietary support packages and tools to administer higher numbers of installations or to simplify administrative tasks. Another business model is to give away the software in order to sell hardware.

Programming on Linux

Most Linux distributions support dozens of programming languages. The most common collection of utilities for building both Linux applications and operating system programs is found within the GNU toolchain, which includes the GNU Compiler Collection (GCC) and the GNU build system. Amongst others, GCC provides compilers for Ada, C, C++, Java, and Fortran. The Linux kernel itself is written to be compiled with GCC. Proprietary compilers for Linux include the Intel C++ Compiler, Sun Studio, and IBM XL C/C++ Compiler.

Most distributions also include support for Perl, Ruby, Python and other dynamic languages. Examples of languages that are less common, but still supported, are C# via the Mono project, sponsored by Novell, and Scheme. A number of Java Virtual Machines and development kits run on Linux, including the original Sun Microsystems JVM (HotSpot), and IBM's J2SE RE, as well as many open-source projects like Kaffe.

The two main frameworks for developing graphical applications are those of GNOME and KDE. These projects are based on the GTK+ and Qt widget toolkits, respectively, which can also be used independently of the larger framework. Both support a wide variety of languages. There are a number of Integrated development environments available including Anjuta, Code::Blocks, Eclipse, KDevelop, Lazarus, MonoDevelop, NetBeans, and Omnis Studio while the long-established editors Vim and Emacs remain popular.

Uses

As well as those designed for general purpose use on desktops and servers, distributions may be specialized for different purposes including: computer architecture support, embedded systems, stability, security, localization to a specific region or language, targeting of specific user groups, support for real-time applications, or commitment to a given desktop environment. Furthermore, some distributions deliberately include only free software. Currently, over three hundred distributions are actively developed, with about a dozen distributions being most popular for general-purpose use.

Linux is a widely ported operating system kernel. The Linux kernel runs on a highly diverse range of computer architectures: in the hand-held ARM-based iPAQ and the mainframe IBM System z9, in devices ranging from mobile phones to supercomputers. Specialized distributions exist for less mainstream architectures. The ELKS kernel fork can run on Intel 8086 or Intel 80286 16-bit microprocessors, while the µClinux kernel fork may run on systems without a memory management unit. The kernel also runs on architectures that were only ever intended to use a manufacturer-created operating system, such as Macintosh computers (with both PowerPC and Intel processors), PDAs, video game consoles, portable music players, and mobile phones.

Desktop

The popularity of Linux on standard desktops (and laptops) has been increasing over the years. Currently most distributions include a graphical user environment. The two most popular such environments GNOME and KDE, both of which are mature, and support a wide variety of languages.

In the past, the performance of Linux on the desktop has been a controversial topic; for example in 2007 Con Kolivas accused the Linux community of favoring performance on servers. He quit Linux kernel development because he was frustrated with this lack of focus on the desktop, and then gave a "tell all" interview on the topic. However since then significant effort has been expended improving the desktop experience. For example, projects such as upstart aim for a faster boot time. In the field of gaming, the Linux desktop still lags behind Windows, however there are several companies that do port their own or other companies games to Linux.

Many types of applications available for Microsoft Windows and Mac OS X are also available for Linux. Commonly, either a free software application will exist which does the functions of an application found on another operating systems, or that application will, in fact, work on Linux (such as Skype). Furthermore, the Wine project provides a Windows compatibility layer to run unmodified Windows applications on Linux. CrossOver is a proprietary solution based on the open source Wine project that supports running Windows versions of Microsoft Office, Intuit applications such as Quicken and QuickBooks, Adobe Photoshop versions through CS2, and many popular games such as World of Warcraft and Team Fortress 2. In other cases, although there is no Linux port of some software in areas such as desktop publishing and professional audio, there is equivalent software available on Linux.

Many popular applications work on a wide variety of operating systems. For example Mozilla Firefox, and OpenOffice.org work on all major operating systems. Furthermore, some applications were initially developed for Linux (such as Pidgin, and GIMP) and, due to their popularity, were ported to other operating systems (including Windows and Mac OS X).

A growing number of proprietary desktop applications are also supported on Linux, see List of proprietary software for Linux. In the field of animation and visual effects, most high end software, such as AutoDesk Maya, Softimage XSI and Apple Shake, is available for Linux, Windows and/or Mac OS X.

The collaborative nature of free software development allows distributed teams to localize Linux distributions for use in locales where localizing proprietary systems would not be cost-effective. For example the Sinhalese language version of the Knoppix distribution was available significantly before Microsoft Windows XP was translated to Sinhalese. In this case the Lanka Linux User Group played a major part in developing the localized system by combining the knowledge of university professors, linguists, and local developers.

To install new software in Windows, users either download a digital distribution or use a traditional installation medium (such as CD-ROM). Both of these methods usually provide a "Software Installation Wizard" to guide the user through the setup. On most Linux distributions, there are utilities for browsing a list of thousands of applications installed with a single click. Some of these programs are the Synaptic Package Manager, PackageKit, and Yum Extender. However, installing software not in the official repositories is not always easy, and sometimes the only option is to compile from source.

Servers and supercomputers

Historically, Linux distributions have mainly been used as server operating systems, and have risen to prominence in that area; Netcraft reported in September 2006 that eight of the ten most reliable internet hosting companies ran Linux distributions on their web servers. (As of June 2008, Linux distributions represented five of ten, FreeBSD three of ten, and Microsoft two of ten.)

Linux distributions are the cornerstone of the LAMP server-software combination (Linux, Apache, MySQL, Perl/PHP/Python) which has achieved popularity among developers, and which is one of the more common platforms for website hosting.

Linux distributions are also commonly used as operating systems for supercomputers: as of November 2008, out of the top 500 systems, 439 (87.8%) run a Linux distribution.

Embedded devices

Due to its low cost and ability to be easily modified, an embedded Linux is often used in embedded systems. Linux has become a major competitor to the proprietary Symbian OS found in the majority of smartphones—16.7% of smartphones sold worldwide during 2006 were using Linux—and it is an alternative to the proprietary Windows CE and Palm OS operating systems on mobile devices. Cell phones or PDAs running on Linux and built on open source platform became a trend from 2007, like Nokia N810, Openmoko's Neo1973, Motorola RAZR2 v8, Motorola ROKR E8, Motorola MING series, Motorola ZINE and the on-going Google Android. The popular TiVo digital video recorder uses a customized version of Linux. Several network firewall and router standalone products, including several from Linksys, use Linux internally, using its advanced firewall and routing capabilities. The Korg OASYS and the Yamaha Motif XS music workstations also run Linux. Furthermore, Linux is used in the leading stage lighting control system, FlyingPig/HighEnd WholeHogIII Console.

Market share and uptake

Many quantitative studies of free / open source software focus on topics including market share and reliability, with numerous studies specifically examining Linux. The Linux market is growing rapidly, and the revenue of servers, desktops, and packaged software running Linux was expected to exceed $35.7 billion by 2008.

IDC's report for Q1 2007 says that Linux now holds 12.7% of the overall server market. This estimate was based on the number of Linux servers sold by various companies. Although, with web servers that do not belong to companies, i.e. personal web servers and blog sites, the percentage of overall market share is higher than that of the Microsoft web server.

Estimates for the desktop market share of Linux range from less than one percent to almost two percent. In comparison, Microsoft operating systems hold more than 90%.

The frictional cost of switching operating systems and lack of support for certain hardware and application programs designed for Microsoft Windows have been two factors that have inhibited adoption. Proponents and analysts attribute the relative success of Linux to its security, reliability, low cost, and freedom from vendor lock-in.

Also most recently Google has begun to fund Wine, which acts as a compatibility layer, allowing users to run some Windows programs under Linux.

The XO laptop project of One Laptop Per Child is creating a new and potentially much larger Linux community, planned to reach several hundred million schoolchildren and their families and communities in developing countries. Six countries have ordered a million or more units each for delivery in 2007 to distribute to schoolchildren at no charge. Google, Red Hat, and eBay are major supporters of the project. While the XO will also have a Windows option, it will be primarily deployed using Red Hat Enterprise Linux.

In the film industry, Linux has been the platform of choice for several years. The first major film produced on Linux servers was Titanic in 1997. Since then major studios like Dreamworks Animation, Pixar and Industrial Light & Magic have moved to Linux. Currently more than 95% of the servers and desktops at large animation and visual effects companies use Linux.

Copyright and naming

The Linux kernel and most GNU software are licensed under the GNU General Public License (GPL). The GPL requires that anyone who distributes the Linux kernel must make the source code (and any modifications) available to the recipient under the same terms. In 1997, Linus Torvalds stated, “Making Linux GPL'd was definitely the best thing I ever did.” Other key components of a Linux system may use other licenses; many libraries use the GNU Lesser General Public License (LGPL), a more permissive variant of the GPL, and the X Window System uses the MIT License.

Torvalds has publicly stated that he would not move the Linux kernel (currently licensed under GPL version 2) to version 3 of the GPL, released in mid-2007, specifically citing some provisions in the new license which prohibit the use of the software in digital rights management.

A 2001 study of Red Hat Linux 7.1 found that this distribution contained 30 million source lines of code. Using the Constructive Cost Model, the study estimated that this distribution required about eight thousand man-years of development time. According to the study, if all this software had been developed by conventional proprietary means, it would have cost about 1.08 billion dollars (year 2000 U.S. dollars) to develop in the United States.

Most of the code (71%) was written in the C programming language, but many other languages were used, including C++, assembly language, Perl, Python, Fortran, and various shell scripting languages. Slightly over half of all lines of code were licensed under the GPL. The Linux kernel itself was 2.4 million lines of code, or 8% of the total.

In a later study, the same analysis was performed for Debian GNU/Linux version 4.0. This distribution contained over 283 million source lines of code, and the study estimated that it would have cost 5.4 billion euros to develop by conventional means.

In the United States, the name Linux is a trademark registered to Linus Torvalds. Initially, nobody registered it, but on 15 August 1994, William R. Della Croce, Jr. filed for the trademark Linux, and then demanded royalties from Linux distributors. In 1996, Torvalds and some affected organizations sued him to have the trademark assigned to Torvalds, and in 1997 the case was settled. The licensing of the trademark has since been handled by the Linux Mark Institute. Torvalds has stated that he trademarked the name only to prevent someone else from using it, but was bound in 2005 by United States trademark law to take active measures to enforce the trademark. As a result, the LMI sent letters to distribution vendors requesting that a fee be paid for the use of the name, and a number of companies have complied.

GNU/Linux

The Free Software Foundation views Linux distributions which use GNU software as GNU variants and they ask that such operating systems be referred to as GNU/Linux or a Linux-based GNU system. The media and common usage, however, refers to this family of operating systems simply as Linux, as do many large Linux distributions (e.g. Ubuntu and SuSE Linux). Some distributions use GNU/Linux (particularly notable is Debian GNU/Linux), but the term's use outside of the enthusiast community is limited. The naming issue remains a source of confusion to many newcomers, and the naming remains controversial. Linus Torvalds is against the GNU/Linux naming, stating that Linux is not a GNU project.

See also

Template:Fossportal

• List of Linux distributions
• List of Linux kernel names
• Comparison of Linux distributions
• Comparison of Windows and Linux
• Comparison of open source and closed source
• The Cathedral and the Bazaar
• Free as in Freedom
• Linux Standard Base
• Plan 9 from Bell Labs
• Linux Documentation Project
• The Linux Action Show!

References

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Further reading

• Weinberg, Bill (July 2008). Uniting Mobile Linux Application Platforms (PDF). LinuxPundit.com. p. 18.

External links

• The Linux Home Page at Linux Online
• Linux kernel website and archives
• The Linux Mark Institute (manages the Linux trade mark)
• The Linux Foundation
• GNU Project website
• The Linux Documentation Project
• Intro to Linux at HowStuffWorks
• Catalog of Linux, GNU and FOSS documentation

Template:Link FA Template:Link FA

Confirmation as Court of Appeals Judge

On June 25, 1997, she was nominated by President Bill Clinton to the seat she now holds, which was vacated by J. Daniel Mahoney. Her nomination was approved overwhelmingly by the Senate Judiciary Committee, but became "embroiled in the sometimes tortured judicial politics of the Senate," as some Republicans said they did not want to consider the nomination because elevating Sotomayor to the Appeals Court would enhance her prospects of being appointed to the Supreme Court. An anonymous senator put a secret hold on her nomination, blocking it for over a year. Democratic Senator Patrick Leahy called the length of the hold "disturbing," "petty," and "shameful," also noting that at that time, "f the 10 judicial nominees whose nominations have been pending the longest before the Senate, eight are women and racial or ethnic minority candidates."

In 1998, several Hispanic organizations organized a petition drive in New York State, generating hundreds of signatures from New Yorkers to try to convince New York Republican Senator Al D'Amato to push the Senate leadership to bring Sotomayor's nomination to a vote. Her nomination had been pending for over a year when Majority Leader Trent Lott scheduled the vote. Many Republicans, including then-Judiciary Committee Chairman Orrin Hatch and six other Republicans who are still in the Senate today, voted for Sotomayor's confirmation to the Second Circuit. With solid Democratic support, and support from about half of Republicans, Sotomayor was confirmed on October 2, 1998, in a 67-29 vote, and she received her commission on October 7.

Sotomayor's statements on her judicial philosophy

In 2001 at the annual Judge Mario G. Olmos Law and Cultural Diversity Lecture at the University of California, Berkeley, Sotomayor stated, "I would hope that a wise Latina woman with the richness of her experiences would more often than not reach a better conclusion than a white male who hasn’t lived that life." At the same event, she also stated, "Whether born from experience or inherent physiological or cultural differences, our gender and national origins may and will make a difference in our judging." In 2005, she said that a "court of appeals is where policy is made. And I know — I know this is on tape, and I should never say that because we don’t make law. I know. O.K. I know. I'm not promoting it. I'm not advocating it. I'm — you know."

Awards and honors

Sotomayor has received honorary degrees from Lehman College, Princeton University, Brooklyn Law School, Pace University School of Law, Hofstra University, and Northeastern University. She was elected a member of the American Philosophical Society in 2002.

Other activities

While in private practice, Sotomayor was appointed in 1988 as one of the founding members of the New York City Campaign Finance Board, where she served for four years. She has also been a member of the Board of Directors of the State of New York Mortgage Agency (SONYMA), the Puerto Rican Legal Defense and Education Fund, and the foundation then known as the Maternity Center Association (now called Childbirth Connection).

Sotomayor was an Adjunct Professor at New York University School of Law from 1998 to 2007 and has been a lecturer-in-law at Columbia Law School since 1999. She is a member of the Board of Trustees of Princeton University and a longtime fan of the New York Yankees.

Nomination to the United States Supreme Court

Prior to her selection as President Obama's nominee, Sotomayor had been regarded as a potential Supreme Court nominee by several presidents, both Republican and Democratic. She could enjoy bipartisan support. In July 2005, a number of Senate Democrats suggested Sotomayor, among others, to President George W. Bush as a nominee acceptable to them to fill the seat of retiring Supreme Court Justice Sandra Day O'Connor. The seat was eventually filled by Judge Samuel A. Alito, Jr. of the Third Circuit.

Since Barack Obama's election, there had been speculation that Sotomayor could be a leading candidate for the Supreme Court seat of Justice David Souter, or for any opening on the Court during Obama's term. On April 9, 2009, New York Senators Charles Schumer and Kirsten Gillibrand wrote a joint letter to President Obama urging him to appoint Sotomayor, or alternatively Interior Secretary Ken Salazar, to the Supreme Court if a vacancy should arise on the Court during his term. On April 30, 2009 David Souter's retirement plans were leaked to the media, and Sonia Sotomayor received early attention as a possible nominee for the seat to be vacated in June 2009. On May 13, 2009, the Associated Press reported that President Obama was considering Sotomayor, among others, for possible appointment to the United States Supreme Court. On May 26, 2009, Obama nominated Sotomayor to the court. If confirmed, this would make her the Supreme Court's first Latina justice.

Previous rulings

Intellectual property

In New York Times Co. v. Tasini, freelance journalists sued the New York Times Company for copyright infringement for the Times inclusion in an electronic archival database (LexisNexis) the work of freelancers it had published. Sotomayor (who was then a District Judge) ruled that the publisher had the right to license the freelancer's work. This decision was reversed on appeal, and the Supreme Court upheld the reversal; two dissenters (John Paul Stevens and Stephen Breyer) took Sotomayor's position.

In Castle Rock Entertainment, Inc. v. Carol Publishing Group, Sotomayor ruled that a book of trivia from the television program Seinfeld infringed on the copyright of the show's producer and did not constitute legal fair use. The United States Court of Appeals for the Second Circuit upheld Sotomayor's ruling.

Abortion

In Center for Reproductive Law and Policy v. Bush, Sotomayor upheld the Bush administration's implementation of the "Mexico City Policy" which requires foreign organizations receiving U.S. funds to "neither perform nor actively promote abortion as a method of family planning in other nations". Sotomayor held that the policy did not constitute a violation of equal protection, as the government "is free to favor the anti-abortion position over the pro-choice position, and can do so with public funds".

First Amendment rights

In Pappas v. Giuliani, Sotomayor dissented from her colleagues’ ruling that the NYPD could terminate an employee from his desk job who sent racist materials through the mail. Sotomayor argued that the First Amendment protected speech by the employee “away from the office, on own time,” even if that speech was “offensive, hateful, and insulting," and that therefore the employee's First Amendment claim should have gone to trial rather than being dismissed on summary judgment.

Fourth Amendment rights

In N.G. ex rel. S.G. v. Connecticut, Sotomayor dissented from her colleagues’ decision to uphold a series of strip searches of “troubled adolescent girls” in juvenile detention centers. While Sotomayor agreed that some of the strip searches at issue in the case were lawful, she would have held that due to the “the severely intrusive nature of strip searches,” they should not be allowed “in the absence of individualized suspicion, of adolescents who have never been charged with a crime.” She argued that an "individualized suspicion" rule was more consistent with Second Circuit precedent than the majority's rule.

In Leventhal v. Knapek, Sotomayor rejected a Fourth Amendment challenge by a public employee whose employer searched his office computer. She held that “ven though had some expectation of privacy in the contents of his office computer, the investigatory searches by the DOT did not violate his Fourth Amendment rights” because here “there were reasonable grounds for suspecting” the search would reveal evidence of “work-related misconduct.”

Employment Discrimination

Sotomayor was a member of the Second Circuit panel in a high-profile case that held that the City of New Haven could throw out its promotional test for firefighters and start over with a new test, because the City believed the test had a "disparate impact" on minority firefighters and it might therefore be subject to a lawsuit from minority firefighters if it certified the test results. (No black firefighters qualified for promotion under the test, whereas some had qualified under tests used in previous years.) Instead, white firefighters sued the City, claiming that their rights were violated because the test was thrown out. The case was recently heard by the U.S. Supreme Court as Ricci v. DeStefano, and a ruling has not yet been issued.

See also

• List of famous Puerto Ricans
• Barack Obama Supreme Court candidates

References

1. ^ Lewis, Neil A. (1998-10-03). "After Delay, Senate Approves Judge for Court in New York". New York Times. {{cite news}}: Cite has empty unknown parameter: |coauthors= (help)
2. Lewis, Neil A. (1998-06-13). "G.O.P., Its Eyes On High Court, Blocks a Judge". New York Times. {{cite news}}: Cite has empty unknown parameter: |coauthors= (help)
3. "Delays in Senate Action on Judicial Nominations". 1998-06-18.
4. Bell, Lauren Cohen (2002). Warring factions: interest groups, money, and the new politics of Senate confirmation. Columbus: Ohio State University Press. p. 81. ISBN 0-8142-0891-6. {{cite book}}: Cite has empty unknown parameter: |coauthors= (help)
5. "U.S. Senate Roll Call Votes 105th Congress - 2nd Session".
6. A Judge’s View of Judging Is on the Record, The New York Times, May 14, 2009
7. "Outstanding Latino Professional Award Recipient, 2006, Judge Sotomayor".
8. ^ http://members.amphilsoc.org/webLinksPublic.php?MemberId=4489
9. http://www.nyccfb.info/press/info/board_members.htm?sm=press_04
10. ^ http://www.ca2.uscourts.gov/judgesbio.htm
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14. Cite error: The named reference Biskupic was invoked but never defined (see the help page).
15. James Oliphant, Five possible nominees for Obama, Chicago Tribune (November 3, 2008).
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21. ^ Stein, Sam (2009-05-01). "Inside Obama's Court Deliberations: Sotomayor Most Mentioned". Huffington Post. Retrieved 2009-05-02. {{cite news}}: Cite has empty unknown parameter: |coauthors= (help)
22. ^ Schumer, Charles (2009-04-09). "Schumer, Gillibrand make direct appeal to President Obama recommending he nominate the first ever Latino to the Supreme Court should a vacancy occur during his term". Press Release of Senator Charles Schumer. Retrieved 2009-05-01. {{cite news}}: Unknown parameter |coauthors= ignored (|author= suggested) (help)
23. "AP source: Obama has more than 6 people for court". Retrieved 2009-05-13.
24. Baker, Peter, and Jeff Zeleney. "Obama Selects Sotomayor for Court." New York Times, May 26, 2009.
25. "US Supreme Court set to have first Latina justice". The Telegraph. 2009-05-02. Retrieved 2009-05-03.
26. "Bronx judge Sonia Sotomayor would be first Latina on Supreme Court if she replaces Justice Souter (and either the first or second Hispanic, depending on whether one counts [[Benjamin Cardozo]])". The Daily News. 2009-05-01. Retrieved 2009-05-03. {{cite web}}: URL–wikilink conflict (help)
27. "Supreme Court Justice David Souter plans to retire". Politico. 2009-04-30. Retrieved 2009-05-03.
28. Sotomayor's resume, record on notable cases, CNN.com, 26 May 2009. Accessed 26 May 2009.
29. Center for Reproductive Law and Policy v. Bush, 304 F.3d 183 (2d Cir. 2002)
30. Center for Reproductive Law and Policy v. Bush.
31. Pappas v. Giuliani, 290 F.3d 143 (2d Cir. 2002)
32. N.G. ex rel. S.G. v. Connecticut, 382 F.3d. 225 (2d Cir. 2004)
33. Leventhal v. Knapek, 266 F.3d 64 (2001)
34. On a Supreme Court Prospect’s Résumé: ‘Baseball Savior’, The New York Times, May 14, 2009
35. "Sotomayor's resume, record on notable cases". CNN. Retrieved 2009-05-26.
36. Justices to Hear White Firefighters’ Bias Claims, The New York Times, April 9, 2009

External links

• Sonia Sotomayor at the Biographical Directory of Federal Judges, a publication of the Federal Judicial Center.
• Extended Biography
• American Philosophical Society short bio
• ABA Profile, National Hispanic Heritage Month 2000
• "A Breakthrough Judge: What She Always Wanted" early profile from 1992
• SCOTUSBlog: Judge Sotomayor's Appellate Opinions in Civil Cases
• Sonia Sotomayor focus page with news from leading sources at DailyMe.com

• Current events from May 2009
• Articles to be merged from May 2009
• Linux
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• 1954 births
• Living people
• American Catholics
• People from the Bronx
• Baseball labor relations
• Yale Law School alumni
• 1995 in baseball
• American women judges
• Princeton University alumni
• Judges of the United States District Court for the Southern District of New York
• United States district court judges appointed by George H. W. Bush
• Judges of the United States Court of Appeals for the Second Circuit
• United States court of appeals judges appointed by Bill Clinton
• Puerto Rican-Americans