Sotomayor and Doninger

Professor Paul Levinson of Fordham University has written an interesting post asserting that Sotomayor's Bad 1st Amendment Decision Should Disqualify Her.

The bad decision is the Second Circuit of Appeals decision in the Doninger case.

I was at the hearing where Attorney Jon Schoenhorn's Arguments in the Doninger Case at the Second Circuit.

In my beginning of the month blog post about the search for a new Supreme Court Justice I wrote:

She [Sotomayor] has an impressive background, and she asked good questions during the hearing, but I disagree with her ruling, at least in that case. It did not seem as if the justices did their homework.

I'm not sure if I would go as far as Professor Levinson in arguing that her decision in the Doninger case should disqualify her. However, I do believe that it raises very significant issues that will need to be addressed in a Senate Confirmation hearing, in the event that it should go that far.

(For previous posts about the Doninger case, see the Doninger category of my blog.)