Key Excerpt: Leahy and Sotomayor on Granting Certiorari
Courtesy of CQ Transcriptions
CHAIRMAN LEAHY: If you were on the Supreme Court, and this is basically the same thing I asked Justice Roberts and Justice Alito, if you were on the Supreme Court, four of your fellow justices said they'd like to consider a death penalty case, and they asked you to be a fifth vote to stay the execution, even though you didn't necessarily plan to vote for cert, how would you approach that issue?
JUDGE SOTOMAYOR: I answer the way that those two justices did, which is I would consider the rule of the fifth route (ph) vote in the way it has been practiced by the court. It has a sensible basis, which is that, if you don't grant the stay, an execution can happen before you reach the question of whether to grant certiorari or not.
LEAHY: Well, I thank you.
And I applauded both Chief Justice Roberts and Justice Alito for their answer. It appears that perhaps somewhere between the hearing room and the Supreme Court their minds changed.
Read the full exchange between Chairman Leahy and Judge Sotomayor here.
Washington Post editors
July 16, 2009; 1:30 PM ET
Categories: Hearings , Supreme Court , Topics: Certiorari
Save & Share: Previous: Key Excerpt: Coburn and Sotomayor on Separation of Powers
Next: Witness Testimony Begins
Posted by: bruzzones2000 | July 16, 2009 2:16 PM | Report abuse
The comments to this entry are closed.