Last year, the Supreme Court "turned down thousands of appeals, almost always without comment." Of the seven opinions written in 2010 regarding why the Court did not hear a case, Justice Sonia Sotomayor wrote three—more than any other justice—and all concerned the rights of criminal defendants, reports The New York Times. "The most telling one involved a Louisiana prisoner infected with H.I.V. No other justice chose to join it."
The prisoner, Anthony C. Pitre, had stopped taking his H.I.V. medicine to protest his transfer from one facility to another. Prison officials responded by forcing him to perform hard labor in 100-degree heat. That punishment twice sent Mr. Pitre to the emergency room.
The lower courts had no sympathy for Mr. Pitre’s complaints, saying he had brought his troubles on himself. Justice Sotomayor saw things differently. "Pitre’s decision to refuse medication may have been foolish and likely caused a significant part of his pain," she wrote. "But that decision does not give prison officials license to exacerbate Pitre’s condition further as a means of punishing or coercing him — just as a prisoner’s disruptive conduct does not permit prison officials to punish the prisoner by handcuffing him to a hitching post."
R20 first mentioned Pitre's appeal in October.
Sotomayor's four-page dissent is very moving. Read the full opinion (pdf) HERE.
The Times notes that Sotomayor is becoming the "voice" of the Court's liberal wing: "Sotomayor has completely dispelled the fear on the left that her background as a prosecutor would align her with the court’s more conservative members on criminal justice issues. And she has displayed a quality — call it what you will — that is alert to the humanity of the people whose cases make their way to the Supreme Court."
Sounds like it was a wise decision to appoint "the wise Latina".
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Sotomayor Says Court Should Hear Inmate's HIV Appeal
First Monday of the New Year, and you have me crying over a news story.
Posted by: Christie Keith | 03 January 2011 at 11:40
A wise Latina indeed. Si se puede! Go Justice Sotomayor!
Posted by: Danny Rivera | 03 January 2011 at 11:49
View the Award winning documentary "House of Numbers" to see why questions about this must be raised, and why deeper issues about HIV and AIDS need to be discussed. Lives are at risk. This is the first documentary,with the worlds
foremost authorities, that highlights the fundamental problems with HIV
testing, science, and statistics. It sheds new light on a misunderstood
phenomenon for which there is still no cure. GO to http://bit.ly/fhUxaJ - bit.ly/gogKLZ to see the trailer.
Posted by: Davidsyner.blogspot.com | 03 January 2011 at 12:21
Excellent reporting, Rod!
Posted by: Nathan James | 03 January 2011 at 18:56
You can watch the documentary streaming instantly on Netfllx
"The House of Numbers"
Click on the URL embedded in my name
Posted by: True Words | 03 January 2011 at 20:31
It's probably too early to tell, but I am liking what I read about Justice Sotromayor. And this article did a comprehensive breakdown on her dissents.
Posted by: BN | 04 January 2011 at 00:06
And let me co-sign Nathan James.
I'm new to the blog, only been reading a few months,started reading when you were in Vienna at AIDS 2010. Not many black and gay blogs devote so much news to HIV/AIDS reporting when Beyonce and Chris Brown bring in more traffic. Thank you.
Posted by: BN | 04 January 2011 at 00:10