Obama Picks Supreme Court Nominee

On May 26, 2009, President Obama nominated federal appeals court judge Sonia Sotomayor to the Supreme Court to replace retiring Justice David Souter. Considered a moderate liberal, Judge Sotomayor was nominated to the U.S. District Court by President Bush in 1991 and to the U.S. Court of Appeals by President Clinton in 1997.

Arguably Sotomayor's most famous case involved her role in the 1994 Major League Baseball strike when she issued a preliminary injunction against MLB owners, ending the longest strike in MLB history. Although she sided with labor in that case, she has ruled in favor of both employers and employees in various labor and employment cases.

Sotomayor must now go through the Senate Judiciary Committee and then the full Senate for approval or rejection. If approved, she will be the third female and the first Hispanic Justice on the nation's highest court.

COUNSEL TO MANAGEMENT:

It remains unclear how Sotomayor's appointment will affect the current dynamic of the Court, specifically in the area of labor and employment. Her political centralism coupled with her replacement of the liberally-minded Souter may damper employees' hopes for a stronger voice on the court.

The goal of this article is to provide employers with current labor and employment law information. The contents should not be interpreted or construed as legal advice or opinion. For individual responses to questions or concerns regarding any given situation, the reader should consult with The Saqui Law Group at (831) 443-7100.