Looks like we're all busy at work today. Here's some stuff to think about:

• Law Prof Corey Young crunches some numbers on Judge Sotomayor's criminal record.

In the be careful what you wish for department, Bernie Kerik has been indicted in Washington for lying to the White House on his 2004 application for Homeland Security Chief. Similar charges were part of his New York indictment, but he had successfully moved to dismiss them.

In December, Kerik pleaded not guilty to another indictment in New York levying similar charges against him, but those charges were dismissed because the incident allegedly happened in Washington, officials said.

Now he faces trial on two indictments in separate districts.

This is an open thread, all topics welcome.

Colorado is getting a spiffy new data-mining program, courtesy of a federal budget earmark. Of course, that's not what they call it (they call it a "crime fighting tool"), but a little digging shows that's what it is and many other states(Arizona is one) are using it too.

Another hint:

On Tues. May 26th the Colorado Information Sharing Consortium will hold a special news conference on the steps of the state capitol to unveil its latest crime fighting tool, a statewide data sharing network called “COPLINK”. This new system will allow street cops and investigators to analyze information regarding individuals, property, vehicles, and incidents from a variety of state and local law enforcement records.

Coplink is sold by Knowledge Computing Corp. [More...]

This afternoon Vice President Joe Biden walked into M&D's, a local barbecue haunt in Denver, before speaking at a Middle Class Task Force at the Natural History Museum. He was a hit with the customers.

Tomorrow he gives the commencement address at the Air Force Academy.

I want to know where he was for dinner. The TL Kid and I were driving back from the Lowry area -- going west on Alameda -- around 6:00 pm. Around Quebec, he notices there are two cop cars parked on each side street. I suggest maybe it's "The Heat is on" D.U.I. campaign which relaunched this weekend. But we're in a boring, non-fancy, residential area. Would they be trying to get workers driving home after Happy Hour? Unlikely.

[More...]

After embarrassing himself, Jeff Rosen attempts rehabilitation:

Conservatives are already citing my initial piece on Sotomayor as a basis for opposing her. This willfully misreads both my piece and the follow-up response.

Sure Jeff, sure. Not to worry. Here comes Jonathan Turley:

Update: Here's the official White House statement on Judge Sotomayor's nomination.

The White House held a conference call for legal media today on the nomination of Judge Sonia Sotomayor. I was on the fairly short (1/2 hr) call.

The call was led by Ron Klain (chief counsel to VP Biden). He made a brief statement and then took questions. Summary below: [More...]

Senator Mark Pryor (D-AR) released a statement upon the announcement of President Obama's choice of Judge Sonia Sotomayor for the Supreme Court. He said:

I believe this criterion is essential; activist judges have no place on the highest court of the land.

Pryor voted to confirm Chief Justice Roberts and for cloture for Justice Alito, both of whom were in the majority in the most blatantly judicially activist Court decision in recent memory, Parents Involved v. Seattle School District, where the court struck down a desegregation plan approved by the elected body chosen by the people of Seattle. That blatant act of judicial activism stands in stark contrast to the now controversial Second Circuit decision Ricci v. Destafano (PDF). The opinion is reproduced in its entirety below the fold.

Update: Here's the opinion (pdf. How Appealing has uploaded it here.

Update: "A divided California Supreme Court today let stand Proposition 8, continuing marriage discrimination in California. The Court refused to undo the 18,000 marriages that same-sex couples celebrated in 2008, so that those couples remain married even while other California couples are, for now, barred from joining in marriage." [More...]

Atlantic has Specter's reaction:

I applaud the nomination of Judge Sotomayor to the Supreme Court. Her confirmation would add needed diversity in two ways: the first Hispanic and the third woman to serve on the high court. While her record suggests excellent educational and professional qualifications, now it is up to the Senate to discharge its constitutional duty for a full and fair confirmation process.

Judiciary Committe Chairman Senator Patrick Leahy released this statement: [More...]

Justice Anton Scalia announced a decision from the bench today:

The high court, in a 5-4 ruling, overturned the 1986 Michigan v. Jackson ruling, which said police may not initiate questioning of a defendant who has a lawyer or has asked for one unless the attorney is present.

The Michigan ruling applied even to defendants who agree to talk to the authorities without their lawyers.

Justice John Paul Stevens dissented, and read his dissent from the bench: [More...]

President Obama will begin the announcement of Judge Sonia Sotomayor's nomination to the Supreme Court any moment. I'll do some live-blogging of his remarks.

Obama enters with Joe Biden and Sonia Sotomayor who is smiling very broadly (who wouldn't be?)

Few of a president's responsibilities are more serious than selecting a supreme court justice. I don't take this decision lightly. It was made after careful deliberation. Qualities needed: Rigorous intellect, mastery of the law, ability to hone in on issues. Recognition of limits of judge's role. Commitment to impartial justice, not to make law but interpret it. But we need more: [More...]

Update: CNN factsheet on Judge Sotomayor.

Thanks to ScotusBlog for its analysis of Judge Sonia Sotomayor's legal opinions in civil cases and cases in which at least one judge dissented. There are some criminal cases in the "dissent" category.

• Decisions in which at least one other judge dissented
• Civil Opinions, Part IV
• Civil Opinions, Part III
• Civil Opinions, Part II
• Civil Opinions, Part I

As for the arguments that will be made against her appointment, ScotusBlog lists and analyzes four. [More...]

President Barack Obama will make history today, nominating the first hispanic justice for the Supreme Court, 2nd Circuit appeals court judge Sonia Sotomayor. NYTimes:

President Obama will nominate Judge Sonia Sotomayor of the United States Court of Appeals for the Second Circuit as his first appointment to the court, officials said Tuesday, and has scheduled an announcement for 10:15 a.m. at the White House.

If confirmed by the Democratic-controlled Senate, Judge Sotomayor, 54, would replace Justice David H. Souter to become the second woman on the court and only the third female justice in the history of the Supreme Court. She also would be the first Hispanic justice to serve on the Supreme Court.

The announcement will come at 10:15 am. Analysis of her 2nd Circuit opinions. More . . .