Posted: Tuesday, May 26, 2009, 11:43 AM | 6 comments |
 
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Sonia Sotomayor, announced as President Obama's choice to succeed the retiring David Souter on the Supreme Court, has been involved in two huge sports cases over the years.

In one, during the baseball strike of 1994-95, she ruled in favor of the players over the owners, effectively ending the owners' ability to impose a tough contract on the players and start the season with scab replacement players in an effort to force them to agree. The ruling pointed out, in painstaking detail, the serial ineptitude of commissioner Bud Selig and his lieutenants as they presided over this mess. It was Selig's worst moment as commissioner and there wasn't a close second.

A decade later, Sotomayor ruled for a league over a player when, as an appeals court judge, she wrote the ruling that overturned a lower court decision that would have allowed Maurice Clarett to enter the NFL draft despite the age restriction that the union had collectively bargained.

The similarity in both cases, it seems, is a respect for the collective-bargaining process and the place of unions in the corporate world. In the baseball case, Sotomayor backed the National Labor Relations Board and slammed baseball for unfair labor practices. In the NFL case, she (and the justices who supported her position on the appeals court) supported the notion that labor law should trump anti-trust law in the Clarett case, and the idea that a union had the right to collectively bargain such an age restriction with an employer.

In other sporting news, Sotomayor apparently is a Yankees fan. Now that Jimmy Rollins has sort of predicted a Yankees-Phillies World Series, it would make for nothing if not an interesting opportunity for a wager if Sotomayor and Justice Samuel Alito -- an avowed Phillies fan -- would serve on the court together.

Loser wears the other team's cap during oral arguments one day. What do you say?

Posted by Rich Hofmann @ 11:43 AM  Permalink | 6 comments
6
Comments   
  • 0 like this / 0 don't   •   Posted 1:03 PM, 05/26/2009
    People always forget. There were two Hispanic men selected by Bush. Both more experienced and with good temperment. Sonja has made statements in a Durham conference, that judges should make law, policy determinations. This is direct opposition to the lie that BHO said today about her qualifications. I do not care one wit about her sports connection. I care if she will be fair to judge the law as the Constitution avers. If a radical leftist jurist is what you want, she is it in spades. So please, no nostalgic ruminations about sports.
    KGKoons
  • Comment removed.
  • 0 like this / 0 don't   •   Posted 4:04 PM, 05/26/2009
    Simmer down KGKoons-agree or disagree with her decisions from the bench but I'd hardly characterize her as a "radical leftist".
    Phillies
  • 0 like this / 0 don't   •   Posted 4:33 PM, 05/26/2009
    If you are talking about Estrada, KGKoons, he was not "more experienced" than Sotomayor. In fact, Estrada had no judicial experience at all when Bush nominated him to the appeals court. Sotomayor had six years of judicial experience before she went up to the appeals court, and now she has twelve years of experience at that level as well. Quit parroting the propaganda they feed you on 1210 and try looking the info up yourself for once. Even someone like you should be intelligent enough to know how to use Google.
    sil campusano
  • 0 like this / 0 don't   •   Posted 6:28 PM, 05/26/2009
    Ah, another judge is is happy to tell the peons what to do, and continue to allow organize crime (aka government and unions) to strip American's of their rights. YAY!
    libertyof76
  • 0 like this / 0 don't   •   Posted 12:16 AM, 05/27/2009
    According to a CNN analysis of her cases form the Federal bench, Sotomayor has written opinions on 8 cases that the Supreme Court later reviewed on appeal. Of those cases, six were either overturned or sent back to the lower court for further consideration. One case was upheld, but Sotomayor's legal reasoning was panned in the opinion signed by entire court. An eighth case is still being deliberated.
    DMo


6 comments
About Rich Hofmann
Rich Hofmann arrived at the Daily News in 1980 for a job whose status was officially designated as "full-time, temporary." A senior at Penn at the time, he was hired to fill in on the copy desk during a staff illness. The notion of him covering the Eagles or being a columnist did not exist in anyone's imagination. It was supposed to be six weeks and out, but he never left. It is only one of the reasons why so many people have concerns about him as a potential house guest. Rich has blogged the postseasons of the Flyers and Eagles. E-mail Rich at hofmanr@phillynews.com

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