WHY THE RIGHT DOESN'T WANT SOTOMAYOR TO BE A JUSTICE

The right didn't want Sotomayor confirmed because she is going to cause a lot of work. She is not going to sit like a knot on a log for thirty or forty years and just say "I agree with Justice ---.

She has written thousands of papers and will likely write thousands more. It is not likely that she will pass on anything that crosses her desk without interpreting it according to law.

Now she has someone to spar with. Justice Alito. I was disappointed with Justice Alito when he made a ruling on the William Osborne case vs Alaska.




The court ruled that prisoners have no constitutional right to DNA testing that might prove their innocence. The case before the court concerned Alaska which has no DNA testing laws.

Justice John Paul Stevens said the constitution's due process clause required Mr. William G. Osborne to have access to DNA evidence in his case. He was convicted in 1994 of kidnapping and sexually assaulting a prostitute in Anchorage.

Only 4 states- Alabama, Alaska, Massachusetts and Oklahoma do not have the DNA testing law. Prosecutors often fight hard to deny prisoners access to DNA evidence. No prisoner has ever obtained DNA evidence for testing in Alaska.

Justice Alito, Kennedy and Thomas agreed with the appeals court that the testing be denied. Alito said "prisoners would be given a right to rummage through the state's genetic-evidence locker", and DNA "often fails to provide absolute proof of anything" .

The legal community is eagerly awaiting for the sparks to fly between those two. The innocence Project is working with Mr. Osborne to try to obtain his DNA testing.