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        <title>The Ninth Justice: Gauging Sotomayor&apos;s Potential Influence</title>
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            <title>Gauging Sotomayor&apos;s Potential Influence</title>
            <description><![CDATA[<p><span class="mt-enclosure mt-enclosure-image" style="display: inline;"><a href="http://ninthjustice.nationaljournal.com/ACSPanel.jpg"><img alt="ACSPanel.jpg" src="http://ninthjustice.nationaljournal.com/assets_c/2009/07/ACSPanel-thumb-550x232.jpg" width="550" height="232" class="mt-image-none" style="" /></a></span></p>

<p>If confirmed, <strong>Sonia Sotomayor</strong> will change the dynamics of the Supreme Court more than most people think, agreed the panelists at a discussion held in Washington this morning and hosted by the American Constitution Society.</p>

<p>"A new justice changes the dynamic of the way the justices react to each other," said <strong>Paul Clement</strong>, former solicitor general and current partner at King & Spalding. He predicted Sotomayor's presence would be especially consequential in business cases, where retiring Justice <strong>David Souter</strong> "has not been a reliable vote for the so-called liberal wing of the court."</p>

<p><strong>John Payton</strong>, president and director-counsel of the NAACP Legal Defense Fund, echoed Clement's thoughts about the dynamics of the court. "You really are going to see a changed court," he predicted. "That will be evident in not just outcomes in specific cases. She is not Justice Souter, because everybody is different. I think it will change oral arguments."</p>

<p>The panel was held to review the high court's recently-concluded term, but inevitably, Sotomayor's nomination crept into the discussion. Still, she wasn't mentioned as much as she might have been: "You know you're at an ACS discussion and not a Federalist Society discussion because every other sentence doesn't begin with 'Sotomayor's ruling in <em>Ricci</em>' or 'Sotomayor's ruling in that case or this case,'" quipped panelist <strong>Tom Goldstein</strong>, a Supreme Court litigator with Akin Gump and the founder of SCOTUSblog.</p>

<p>Goldstein went on to argue, as he has <a href="http://www.scotusblog.com/wp/the-sotomayor-confirmation-hearings-as-a-non-event/">elsewhere</a>, that Sotomayor's confirmation hearings will be a non-event because at this point her confirmation seems inevitable. "I don't expect a thermonuclear war over Sotomayor," he said, predicting a final vote somewhere in the ballpark of 75-25.</p>

<p>Speaking more broadly about the court in the Obama era, <strong>Andrew Pincus</strong>, a partner at Mayer Brown and professor at Yale Law School, wondered "about a conservative court confronting a much more liberal Congress and administration -- how that interaction works with respect to deference and whether the court will feel pushed or push itself to adopt constitutional limits."</p>

<p>The panelists also made sure not to forget Souter in the discussion. <strong>David Frederick</strong>, a partner at Kellogg, Huber, Hansen, Todd, Evans & Figel who argued three cases in front of the high court this term, praised the "gentlemanly" way Souter posed questions and said the justice "brought to the court a strength of character and civility that our justice system needs. The court is all the worse with his retirement."</p>]]></description>
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