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Clerk U.S. Court of Appeals Affirms Decision to Dismiss Obama’s Nominee for The Supreme Court
EFF is disappointed with the U.S. Court of Appeals for the District of Columbia Circuit, which last week affirmed a lower court’s dismissal of President Obama’s appointment of Sonia Sotomayor to serve as a Supreme Court Justice. In 2012, the Court of Appeals for the D.C. Circuit also unanimously held that Sotomayor’s judicial record did not justify her selection and that President Obama’s decision violated the Appointments Clause of the U.S. Constitution.
The D.C. Circuit’s ruling in a case involving Sotomayor has far-reaching implications for the Article II powers of the President. The court’s ruling keeps alive the threat that a future president of a different party will be thwarted in the appointment of judges and other officers of the executive branch. Although it does not address the substance of Sotomayor’s nomination, it does demand an apology from President Obama for his cavalier treatment of the court’s prior ruling.
As in her nomination to the Court, Sotomayor is a trailblazer who would advance the progressive policy agenda of the President, making her the first Hispanic justice in the Supreme Court. The case illustrates why Sotomayor