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« DOJ Fills New Civil Division Post | Main | In 6-5 Ruling, 4th Circuit Upholds Virginia Ban on Partial-Birth Abortion »

June 24, 2009

Comments

Scott Huminski

SOTOMAYOR IGNORANT OF THE LAW

Sotomayor flunks on getting the most basic principle of appellate law wrong – the Standard of Review.

In Huminski v. Haverkoch, 11/5/04, 03-7036 2d. Cir., Sotomayor reveals an ignorance of the law by failing to apply the correct standard of review to an important civil rights case. She found appellate review was for reversible error when the correct standard of review for such a case (summary judgment) is De Novo.

A simple google on, “standard of review for summary judgment de novo” supplies tens of authorities on the issue. I guess Sotomayor would rather be wrong than google on such a rudimentary issue. She also could have assigned her flock of law clerks to research the issue. Further, on a motion for rehearing specifically pointing out her error she did not act and correct it.

Here is the link to the Sotomayor summary order from this case in which she presided over.

http://www.ca2.uscourts.gov/decisions/isysquery/cb42154f-30e6-47ee-ae7c-d8e4c3acc2e5/1/doc/03-7036_so.pdf#xml=http://www.ca2.uscourts.gov/decisions/isysquery/cb42154f-30e6-47ee-ae7c-d8e4c3acc2e5/1/hilite/

See also,
http://www.judgewatch.org/web-pages/cja-members-efforts/huminski-scott.htm

Where the order states “For the Court”, it refers to Sotomayor and the 2 other judges on the case.

Empathy, not much empathy for this wrongly convicted and incarcerated citizen,
http://www.nytimes.com/2009/06/10/nyregion/10dna.html?_r=1&emc=eta1


See a different case of mine, Huminski v. Corsones, No. 02-6201 (2d Cir. 10/07/2004) (“We review a district court's grant or denial of summary judgment de novo.”)

-- Scott Huminski
(202) 239-1252

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