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Originally Posted by Honu
Ive read a few more articles on other rulings of Sotomayor , there is one where she appoligized to a non-citizen drug dealer for having to give him the mandatory minimum sentence because she felt he was a product of his enviroment and she basically said that she felt bad that he wouldnt be able to rejoin his family sooner.
There is also another interesting ruling concerning a man who was convicted of child molestation years before and the suspicion that he was down loading child pornography onto his computer , the law wanted to confiscate his computer but the judge decided that just because he molested a child before didnt mean that he was downloading child porn .
Her conclusion therefore is that if the collection of pornography come first followed by child molestation, then the two bear a rational relationship to each other, but if they occur in the reverse order there is no logical connection between them
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This is an easy two parter, based mostly on "some articles I've read," which seem to be where everyone is getting their information on her. No wonder everyone's all worked up over nothing....it's like asking Michelle Malkin for advice on bi-partisan reconciliation and using it as your ammo to make a point later.
The first -- so she doesn't think that the war on drugs is effective and that she thinks it's possible for drug dealers to have ended up there based on the economic realities of society. She is far from alone in this country. Agree or not, she upheld the law and handed down a sentence while making commentary on it that had nothing to do with her ruling. In certain circles, this is called doing your job.
The second -- the child pornography one. She said that she didn't think the FBI's affidavit established probable cause for the search just based on his prior offense, but concluded that either way, the agents were justified in searching the home and that the constitutional violation didn't cancel the evidence and that the resulting evidence was therefore legitimate. The guy in question is in prison. This is another example of the kind of thing that may have contributed to her getting a reputation for actually doing her job.
This, of course, is just from some articles I've read.