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July 15, 2009

Live blogging Sotomayor: Wednesday IV

15_SOTOMAYOR_11_ABA 11:36 a.m.

Fifteen minute break.

11:29 a.m.

Whitehouse holds forth on Fourth Amendment search and seizure issues, and how they may be affected by technological changes. Interesting enough as a topic, but a bit discursive. If that's a word.

Sotomayor responds with Supreme Court case involving the use of thermal imaging, used by police to locate interior marijuana gardens. She cites the opinion in the 2001 case by Justice Antonin Scalia, in which the court determined the homeowner certainly had an expectation of privacy within the home, such that a search warrant would be required.

Cleverly done, this answer: it's a pointed example of advancing technology, and thus directly responsive to Whitehouse's question, and it allows Sotomayor to align herself with Scalia.

11:22 a.m.

For the second time, at least, Sotomayor invokes the great Justice Robert Jackson and his concurring opinion in the 1952 steel seizure case. The point: presidents enjoy their greatest clout when acting with explicit congressional authorization.

11:21 a.m.

Whitehouse brings up the Puerto Rican Legal Defense and Education Fund, allowing Sotomayor to underscore the point that she can't be credited/discredited for the organization's legal filings. She was just a member of the board, so don't blame her for any inflammatory quotes we may soon be hearing about.

Talk about juries, Whitehouse says: an invitation to chew up time. Coming next: talk about apple pie, Judge Sotomayor.

Judge Sotomayor assures the senator she is a big fan of juries. She really likes them a lot, in fact, and she rings out an anecdote about a dedicated juror who persisted despite a broken leg. Come to think of it, much like Sotomayor herself.

11:10 a.m.
Democratic Sen. Sheldon Whitehouse of Rhode Island says he gets "goosebumps" when considering Sotomayor's accomplishments and life story. Count Sen. Whitehouse as "aye."

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mike

"Suits & Sentences" is a legal affairs blog written by Michael Doyle, a reporter for McClatchy's Washington Bureau. He was a Knight Journalism Fellow at Yale Law School, where he earned a Master of Studies in Law; he also earned a Masters in Government from The Johns Hopkins University with a thesis on the Freedom of Information Act. He teaches journalism as an adjunct instructor at The George Washington University's School of Media and Public Affairs.

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