Breaking In: The Rise of Sonia Sotomayor

by Joan Biskupic

  Greenburg, Jan Crawford. Supreme Conflict: The Inside Struggle for Control of the United States Supreme Court. New York: Penguin Press, 2007.

  Greenhouse, Linda. Becoming Justice Blackmun: Harry Blackmun’s Supreme Court Journey. New York: Times Books, 2005.

  Helyar, John. Lords of the Realm: The Real History of Baseball. New York: Ballantine, 1994.

  Hodgson, Godfrey. The Gentleman from New York: Daniel Patrick Moynihan. New York: Houghton Mifflin Harcourt, 2000.

  Hutchinson, Dennis J. The Man Who Once Was Whizzer White: Portrait of Justice Byron R. White. New York: The Free Press, 1998.

  Ifill, Gwen. The Breakthrough: Politics and Race in the Age of Obama. New York: Doubleday, 2009.

  Jeffries, John C., Jr. Justice Lewis F. Powell, Jr. and the Era of Judicial Balance. New York: Scribner, 1994.

  Jennings, Kenneth M. Swings and Misses: Moribund Labor Relations in Professional Baseball. Westport, Conn.: Praeger, 1997.

  Katzmann, Robert A., ed. Daniel Patrick Moynihan: The Intellectual in Public Life. Washington, D.C.: Woodrow Wilson Center Press, 1998.

  Klarman, Michael J. From Jim Crow to Civil Rights: The Supreme Court and the Struggle for Racial Equality. New York: Oxford University Press, 2004.

  Lewis, Oscar. La Vida: A Puerto Rican Family in the Culture of Poverty—San Juan and New York. New York: Vintage Books, 1965.

  Navarrette, Ruben, Jr. A Darker Shade of Crimson: Odyssey of a Harvard Chicano. New York: Bantam Books, 1993.

  Obama, Barack. The Audacity of Hope: Thoughts on Reclaiming the American Dream. New York: Crown, 2006.

  Ogletree, Charles J., Jr. All Deliberate Speed: Reflections on the First Half Century of “Brown v. Board of Education.” New York: W. W. Norton, 2005.

  Price, Polly J. Judge Richard S. Arnold: A Legacy of Justice on the Federal Bench. Amherst, N.Y.: Prometheus Books, 2009.

  Remnick, David. The Bridge: The Life and Rise of Barack Obama. New York: Alfred A. Knopf, 2010.

  Smelser, Neil J., William Julius Wilson, and Faith Mitchell, eds. America Becoming: Racial Trends and Their Consequences, vol. 1. National Research Council, Commission on Behavioral and Social Sciences and Education. Washington, D.C.: National Academy Press, 2001.

  Soltero, Carlos R. Latinos and American Law: Landmark Supreme Court Cases. Austin: University of Texas Press, 2006.

  Sotomayor, Sonia. My Beloved World. New York: Alfred A. Knopf, 2013.

  Stephanopoulos, George. All Too Human: A Political Education. Boston: Little, Brown, 1999.

  Strum, Philippa. “Mendez v. Westminster”: School Desegregation and Mexican-American Rights. Lawrence: University of Kansas Press, 2010.

  Suárez-Orozco, Marcelo M., and Mariela M. Paez, eds. Latinos: Remaking America. Berkeley: University of California Press, 2002.

  Suro, Roberto. Strangers Among Us: How Latino Immigration Is Transforming America. New York: Alfred A. Knopf, 1998.

  Thomas, Clarence. My Grandfather’s Son: A Memoir. New York: Harper, 2007.

  Thomas, Lorrin. Puerto Rican Citizen: History and Political Identity in Twentieth-Century New York City. Chicago: University of Chicago Press, 2010.

  Thornburgh, Dick. Where the Evidence Leads: An Autobiography. Pittsburgh: University of Pittsburgh Press, 2003.

  Toobin, Jeffrey. The Oath: The Obama White House and the Supreme Court. New York: Doubleday, 2012.

  Tushnet, Mark. In the Balance: Law and Politics on the Roberts Court. New York: W. W. Norton, 2013.

  Valencia, Reynaldo Anaya, Sonia R. Garcia, Henry Flores, and José Roberto Juárez, Jr. Mexican Americans and the Law. Tucson: University of Arizona Press, 2004.

  Weisman, Steven R., ed. Daniel Patrick Moynihan: A Portrait in Letters of an American Visionary. New York: Public Affairs, 2010.

  Williams, Juan. Thurgood Marshall: American Revolutionary. New York: Random House, 1998.

  Wittes, Benjamin. Confirmation Wars: Preserving Independent Courts in Angry Times. Stanford, Calif.: Hoover Institution, 2006.

  Acknowledgments

  This book began a year after Sonia Sotomayor joined the Supreme Court, as an exploration of her rise in the judiciary and the progress of Latinos in America. The project grew more exciting with her early moves on the bench and beyond the Court. Yet none of the story would have ended up between these covers if I had not been supported by dear friends and colleagues.

  Some of them have been with me for more than a decade on these book projects, talking out ideas, reading draft chapters, offering their wisdom. At the top of that list is Elder Witt, a former Supreme Court journalist who provided guidance early and often on this one. Others who especially enhanced this book were Douglas Armstrong, Dick Carelli, Jim Drinkard, Pam Fessler, Judith Gaskell, Liz Hayes, Robin Meszoly, Phyllis Richman, and Andrea Weiswasser.

  Mark Hugo Lopez, Becky Rivera, Ishmael Rivera, and Roberto Suro offered insights along the way about Hispanic politics and culture. Lopez, director of the Pew Research Center’s Hispanic Trends Project, was boundless with his time in this regard.

  Erwin Chemerinsky, dean of the law school at the University of California–Irvine and a longtime friend, deserves special mention. He knows the law, he knows the Court, he knows this justice. He is also unmatched in his generosity, taking the time to provide substantive knowledge and personal encouragement no matter the hour on the California coast. Toni Locy, with whom I worked at The Washington Post and USA Today, must be singled out, too. As I was nearing a crucial deadline at the end of 2013 and thinking I’d never make it, she stepped in with her trademark energy and assisted especially on the final chapters.

  For the third time, the Woodrow Wilson International Center for Scholars offered me research help on a book project. Alice Bosley, a WWIC research fellow in summer 2011, was first-rate, as was Edward Lawrence, my researcher on the Antonin Scalia biography who returned to help me in 2013. My thanks go especially to Lee Hamilton, Jane Harman, and Mike Van Dusen. The Wilson Center makes books possible.

  In my daily journalism, I have been guided by a series of remarkable editors, including Fred Barbash, with whom I worked at The Washington Post in the 1990s and at Reuters more recently. Fred’s reporting on the Court in the 1980s remains a model. At USA Today, my home when this book began, three editors at the time, Lee Horwich, David Lindsey, and Rachel Smolkin, were especially encouraging of this project. Now at Reuters, I have the lucky fate that nearly everyone up my editing chain is not only passionate about journalism but also holds a law degree and is intrigued by all things judicial: from Howard Goller and Amy Stevens, with whom I work most closely, to Dayan Candappa, editor for the Americas, and Steve Adler, editor in chief. I am above all grateful to Howard, who turned his sharp editor’s eye to the final draft.

  Others in the Reuters Washington bureau whose friendship and professionalism have sustained me along the way include Marilyn Thompson, our bureau chief, who I was fortunate enough to know first as an editor in the 1990s, and colleagues Caren Bohan, Kevin Drawbaugh, Ros Krasny, Katherina Lemus, Jack Shafer, and John Shiffman.

  For twenty-five years, I have been part of a top-flight press corps at the Supreme Court. Two in our ranks were exceptionally generous in reading chapters and helping me explore ideas: Garrett Epps and Adam Liptak. Their thoughts made this a stronger book. Others who lent advice include Bob Barnes, Marcia Coyle, Tony Mauro, David Savage, Mark Sherman, Nina Totenberg, and Pete Williams. I have special appreciation for Lawrence Hurley, my partner covering the Supreme Court for Reuters.

  At the Court, Public Information Officer Kathy Arberg and deputy Patricia McCabe Estrada were as professional as ever in arranging interviews and answering research questions. Court photographer Steve Petteway, with his usual creativity and cheer, helped round up the best photos.

  I am grateful to Justice Sotomayor for her time and candor. This book was not “authorized,” and she was writing her autobiography for most of the time this project was under way. Yet she allowed me numerous visits to clarify and elucidate he
r life and views. Anchored by Theresa Bartenope, her staff was unfailingly obliging as I pursued information and trailed after the justice on her appearances, including to Puerto Rico.

  My agents, Gail Ross and Howard Yoon, gave smart, steady advice. Without Howard’s support, especially, this book simply might not have been completed on time.

  Finally, but essentially: Sarah Crichton, editor extraordinaire at Farrar, Straus and Giroux. Her ideas are fresh, her editing inspired, her humor sustaining. The super-efficient Marsha Sasmor joined Sarah as an editorial assistant just as this book was landing. I could not imagine finishing it without her.

  My family likes these books most when they are done. In the intervening months (years), I am too preoccupied, postpone vacations, and fill our house with toppling stacks of research. Yet everyone I love seems to hang in there with me, generating appreciation as high as those stacks. My mother, Mary Jane Biskupic, remains a creative influence, as does the memory of my late father, Vince Biskupic. My husband, Clay, and daughter, Elizabeth, put up with the worst yet offer the most. My dedication page never changes.

  Index

  The index that appears in the print version of this title does not match the pages in your e-book. Please use the search function on your e-reading device to search for terms of interest. For your reference, the terms that appear in the print index are listed below.

  ABC

  abortion rights; Ginsburg on; O’Connor on; Souter on

  Above the Law (blog)

  Academy Awards

  Acción Puertorriqueña

  activism, judicial

  Adoptive Couple v. Baby Girl

  affirmative action; ballot initiatives on; history of; in Manhattan DA’s office; overturning of; as phrase; at Princeton; for promotions; Souter on; Thomas on; at Yale

  affordable housing

  Alabama

  Alito, Samuel; on affirmative action; appointment of; in conservative bloc; on custody; as dancer

  Alliance for Justice

  Almanac of the Federal Judiciary

  American Bar Association (ABA)

  American Civil Liberties Union (ACLU)

  American Dream

  American Enterprise Institute

  American Prospect, The

  Americans with Disabilities Act (ADA)

  appeals courts, federal; see also specific circuit courts

  Argentina

  Arizona

  Arizona State University

  Arnold, Richard

  Arroyo, Martina

  Arterton, Janet Bond

  Ashcroft, John

  Aspen Publishers

  assimilation

  Atencio, Dolores

  Atlanta Journal-Constitution

  Atlantic, The

  Audacity of Hope, The (Obama)

  Auffant, Charles

  Axelrod, David

  Babbitt, Bruce

  Baca, Joseph

  Bader, Celia

  Bader, Nathan

  Baird, Zoë

  Bakke, Allan

  Bakke v. Regents of the University of California

  Barr, William

  Bartenope, Theresa

  baseball: cases about; Sotomayor’s love for

  Batista, Jorge

  Batts, Deborah

  Benavides, Fortunato

  Bender, Paul

  Benjamin Franklin High School

  Berke, Richard

  Bernstein, Leonard

  Beyond the Melting Pot (Glazer)

  bias, see affirmative action; impartiality; racism

  Biden, Joseph: on Senate Judiciary Committee; as Vice President

  bilingual education

  Blackmun, Harry; clerks for; resignation of

  Blatt, Lisa

  Blessed Sacrament

  “Bloody Sunday”

  Bloomberg, Michael

  Blum, Edward; Fisher funded by; voting rights cases funded by

  Bok, Derek

  Bork, Robert

  Botwinik, David

  Bowen, William

  Brennan, William J., Jr.

  Brewer, Jan

  Breyer, Stephen; appointment of; as consensus builder; on death penalty; in race cases

  Bronx

  Bronxdale Houses: renaming of; Sotomayor’s childhood in

  Brooklyn Law School

  Brown, Dustin

  Brown v. Board of Education; erosion of

  Burger, Warren

  Bush, George H. W.: federal judgeships under; in 1992 election; Sotomayor appointed by; Thomas appointed by

  Bush, George W.: Estrada and; on impartiality; Supreme Court appointments of; in 2000 elections; 2001 appointment ceremony by; voting rights and

  Bush v. Gore

  busing, to desegregate

  Butts, Cassandra

  Byrd, Robert C.

  Cabranes, Carmen

  Cabranes, José; appointment of; background of; as mentor; as potential Supreme Court justice; on Puerto Ricans; on Ricci

  Cabranes, Manuel

  Calabresi, Guido; on Ricci

  Calera, Alabama

  Calhoun v. United States

  California: affirmative action in; in Daimler; as Latino hub; marriage equality in; prisons in

  California La Raza Lawyers Association

  Callejo, Adelfa

  Callejo, Bill

  campaign finance

  capital punishment; Marshall on; Sotomayor on

  Capobiancos

  Caraballo, Wilfredo

  Cardinal Spellman High School

  Cardona v. Power

  Cardozo, Benjamin

  Carlson, Tucker

  Carro, John

  Carswell, G. Harrold

  Carter, Jimmy: minorities appointed by; Moynihan and; in 1980 election; white men appointed by

  Carter, Stephen

  “Case Against Sotomayor, The” (Rosen)

  Case of the Wise Old Latina, The (Matson)

  Cedarbaum, Miriam

  Chavez, Cesar

  Chavez, Linda

  Cherokees

  Chicago

  child custody

  Citizens United v. Federal Election Commission

  City College of New York

  City University of New York

  Civil Rights Act; Title VII of

  civil rights movements; Latinos in; Marshall and; Moynihan and; Thomas and; see also Civil Rights Act

  Clark, Ramsey

  Clark, Tom

  Clement, Paul

  Clemente, Roberto

  clerkships; Estrada and; for judges; of judges; in others’ resumes; for Sotomayor

  Clinton, Bill: Blackmun’s seat filled by; judicial appointees under; Kagan and; minority support for; scandals under; Sotomayor appointment by; White’s seat filled by

  Clinton, Hillary

  CNN

  Coburn, Tom

  coffee crops

  Coleman, Gregory

  colonialism; legacy of

  color-blindness

  Columbia University

  Columbus, Christopher

  commercial speech

  comprehensive health-care insurance

  Conde, Carlos

  Congress: abortion and; Black Caucus of; Civil Rights Act and; on immigration; on Native Americans; on Puerto Rico; on voting rights; see also Senate Judiciary Committee

  Congressional Resource Service

  conservatives, judicial strategy of

  Constitution; Obama on

  constitutional rights

  Co-op City

  Cornell University

  corporations

  Covington & Burling

  Coyne, Mary Jeanne

  Craig, Gregory: on Ricci; Sotomayor and

  criminal defendants

  Critica

  cruel and unusual punishment

  Cubans

  Cullen v. Pinholster

  Cuomo, Mario

  Cutler, Lloyd

  Cyrus, Miley

  Daily Princetonian

&n
bsp; Daimler AG v. Bauman

  D’Amato, Alfonse

  Danforth, John

  Darker Shade of Crimson, A (Navarrette)

  Davies, Susan

  Days, Drew

  death penalty; Marshall on; Sotomayor on

  defendants’ rights

  Defense of Marriage Act

  Dellinger, Walter

  de Molina, Rául

  De Niro, Robert

  DeStefano, John; sued in Ricci

  detentions

  Dickman, Murray

  discrimination, see affirmative action; civil rights movements; racism; voting rights

  disparate impact

  district court appointments; by Carter; by Kennedy; by Reagan; by Sotomayor

  District of Columbia Circuit; Estrada’s nomination to; Garland on; Ginsburg on; Roberts’s nomination to; Scalia on; Thomas on; on tracking devices

  District of Columbia v. Heller

  Dodd, Christopher

  Dole, Bob

  Dominicans

  Dreams from My Father (Obama)

  drugs

  due process

  Duke University

  Durbin, Dick

  education, see affirmative action; busing; Latino/as: education of; Sotomayor: education of; specific schools

  Eighth Circuit

  El Diario

  elections: African American role in; Latino role in; of 1980; of 1992; of 1996; of 2000; of 2004; of 2008; of 2012; spending on; see also voting rights

  Emanuel, Rahm

  employment discrimination

  Equal Employment Opportunity Commission (EEOC)

  Equal Protection Clause

  Equal Rights Amendment

  Estrada, Miguel; background of; career of; character of; clerkship of; Democratic support for; filibusters against; Latino opposition to; Senate hearing on; Thomas and; in 2000 election; wife of

  Executive Order 11246

  eyewitness identifications

  federal courts; see also district court appointments; judges; Supreme Court; specific circuit courts

  Federalist Society

  Feinstein, Dianne

  feminism

  Fendi

  Fifth Circuit; on affirmative action; members of

  Figueroa, Juan

  filibusters; used against Estrada

  financial scandals

  fire departments

  First Amendment

  First Circuit

  Fisher, Abigail

  Fisher, Richard