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Tuesday, May 26, 2009

BASEBALL: Woman in the News; Strike-Zone Arbitrator -- Sonia Sotomayor - The New York Times

Back in 1992, Sotomayor arbitrated in the baseball strike--from the NY Times article at the time:

In her two and a half years on the bench, United States District Court Judge Sonia Sotomayor has earned a reputation as a sharp, outspoken and fearless jurist, someone who does not let powerful interests bully, rush or cow her into a decision.

She lived up to that billing yesterday morning, when the fate of major league baseball was thrust upon her. After a two-hour hearing in which she grilled both sides on the fine points of labor law, she took only 15 minutes to issue an injunction that could break the deadlock in the baseball strike.

Ruling from the bench, Sotomayor chided baseball owners, saying they had no right to unilaterally eliminate the 20-year-old system of free agents and salary arbitration while bargaining continues. With those provisions reinstated, striking players have promised to play ball this season under the terms of the previous contract while the two sides try to hammer out a new deal.

"This strike has placed the entire concept of collective bargaining on trial," the judge said.

Sotomayor grew up in a Bronx housing project, just three miles from Yankee Stadium, in a neighborhood where baseball was revered. Although her friends say she is not an aficionado of the game, she has been known to slip off to the ball park once in a while to catch an afternoon game.

"I hope that none of you assumed on Monday that my lack of knowledge of any of the intimate details of your dispute meant that I was not a baseball fan," the judge said yesterday as the hearing began. "You can't grow up in the South Bronx without knowing about baseball."

Sotomayor, 40, is the youngest judge in the Southern District of New York. She was the first American of Puerto Rican descent to be appointed to the Federal bench in a city where generations of Puerto Ricans have lived, died and, yes, played baseball.

"She's tough and tenacious as well as smart," said Justice Jose A. Cabranes of the United States Court of Appeals for the Second Circuit, a mentor and former professor of Sotomayor's at Yale Law School. "She is not intimidated or overwhelmed by the eminence or power or prestige of any party, or indeed of the media."

...

Since then, Sotomayor has demonstrated a willingness to take the Government to task whenever she believes the circumstances warrant it. She has taken strong anti-Government positions in several decisions, including cases involving the White House, the religious rights of prisoners, and even the Hell's Angels. During her first year, she received high ratings from liberal public-interest groups.

In January, she ordered the Government to make public a photocopy of a torn-up note found in the briefcase of the former White House Counsel, Vincent Foster, who committed suicide. She said the public's interest outweighed the privacy of the Foster family.

Last September, she allowed the Hell's Angels motorcycle club to keep a Manhattan building it owned and called the Government's evidence of drug dealing there "rather scanty indeed."

In May 1994, she ordered New York State prison officials to allow inmates to wear beads of the Santeria religion under their belts. And in December 1993, she struck down as unconstitutional a White Plains law that prohibited the displaying of a menorah in a city park.



Read more at The New York Times.


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