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Relationships & Society / Politics & Civic Life

New Supreme Court Session Changes the Justice Equation

IStock Photo 804982 © ftwitty

At 10:00 this morning, October 5, the first Hispanic US Supreme Court justice in history will take the bench for her first hearings. Sonia Sotomayor’s introduction to the court allows for odds that could not have existed before now: The odds a person who has ever served on the Supreme Court is Hispanic are 1 in 116.

Justice Sotomayor’s confirmation may have seemed uncertain, but historically the majority of nominees, 1 in 1.29 (78%), get to serve, or at least get the privilege of making up their own minds (of confirmed nominees, 1 in 22.71 turn the offer down). To put that confirmation success rate in perspective, the odds are about the same—1 in 1.3—that an American household owns an outdoor barbecue grill.

Modern politicians may seem to be especially harsh in their criticisms of nominees—at least the other party’s nominees—but is it really harder to be confirmed today than in the past? No: nominees in the past 25 years have received a higher percentage of votes to confirm than their 19th-century predecessors got. For Sotomayor, the odds seem to say it all: despite all the talk about her ideology and qualifications, just 1 in 3.19 Senators voted against her.

Sotomayor’s first term will include several big hearings, including decisions over the 1st Amendment (religion, free speech) and the 8th Amendment (cruel and unusual punishment). No one knows whether Sotomayor’s judgments will calm her critics or please her supporters. One thing is certain: Whatever the Court decides this session will engender another new set of odds—the odds a Hispanic Supreme Court Justice will join the majority in a decision.

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Sources

 

Warren C. The Supreme Court in United States History, Vol. 1: 1789-1821. New York, NY: Beart Books; 1999:Book.

Charles River Bridge v. Warren Bridge [Internet]. The Oyez Project. [accessed October 1, 2009]. Available from: http://www.oyez.org/cases/1792-1850/1836/1836_0

Fec v. Democratic Senatorial Campaign Comm [Internet]. The Oyez Project. [accessed October 1, 2009]. Available from: http://www.oyez.org/cases/1980-1989/1981/1981_80_939

Harris v. Forklift Sys [Internet]. The Oyez Project. [accessed October 1, 2009]. Available from: http://www.oyez.org/cases/1990-1999/1993/1993_92_1168

Savage, David G. Sotomayor Takes Her Seat. ABA Journal. October 2009:1.

Liptak A. Sotomayor Faces Big Workload of Complex Cases . The New York Times. August 7, 2009:A12.

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