Word: overturning
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...observed former President and Chief Justice William Howard Taft, "but the Supreme Court goes on forever." That prospect troubles historian James MacGregor Burns, whose 15th book is a provocative assault on the "imperious" court and its tightening grip on governmental power. Unaccountable Justices have seized the right to overturn acts of Congress--an authority not found in the Constitution--and increasingly thwart the popular will, Burns argues. From blocking Reconstruction-era civil rights to slowing the New Deal, the court's pro-business ideologues have time and again created "a chokepoint for progressive reforms." More recently, the divisive Bush...
...Sotomayor compares to her colleagues: "In general, judges in the Second Circuit almost always ruled unanimously - in 93% of decisions. They voted to overturn the challenged governmental action in about 1 out of every 6 constitutional cases. In over one-third of those cases, they voted to overturn the lower court or agency's decision ... Judge Sotomayor's constitutional decisions closely conformed to the overall Second Circuit profile with respect to all three indicators...
...only two cases out of her 46 civil rights cases (4.3%) in the Constitutional Dataset, as compared to a 2.7% dissent rate for such cases in the circuit overall ... [She] voted to hold the challenged governmental action unconstitutional in 23.9% of cases, slightly more often than the Second Circuit overturn rate of 20.6% in such cases. However, she voted to overrule a lower court or agency determination in civil rights cases in only 43.5% of her decisions, less frequently than the circuit's 50.9% overrule rate...
...First Amendment cases in which she participated, more frequently than the Circuit's rate of 90.9%. She dissented in only 3 of her 68 First Amendment cases, or in less than 5% of these decisions. Additionally, in cases involving a First Amendment claim, Judge Sotomayor voted to overturn the challenged action in 25% of the time, slightly more than the Second Circuit rate of 24%. However, Judge Sotomayor voted to overturn the lower court or agency's decision less frequently than the circuit average - in 36.8% of her decisions as opposed to a circuit rate...
...stubborn piece of colonial baggage and may have added momentum to a broader regional movement for gay rights. "This is a huge step forward," says Anjali Gopalan, director of the Naz Foundation India Trust, an advocacy group based in New Delhi that successfully brought a public interest petition to overturn India's anti-sodomy law, Section 377 of the Indian Penal Code. "We can now take the next step forward for the community in securing our rights...