Laws Are To Be Obeyed By The Little People, Not Supreme Court Justices
Queen Sotomayor, also known as Supreme Court Justice Sotomayor, who ruled against the use of unpaid interns (in Archie v. Grand Cent. Partnership, Inc., 1998), has had unpaid interns working for her since 2010.
Ronald D. Rotunda writes in the Wash Times:
How would you like a free butler, maid, chef and chauffeur? Try that and the Department of Labor will sue you for violating the minimum wage, overtime and record-keeping requirements of the Fair Labor Standards Act -- unless you are Justice Sonia Sotomayor. That's right. Since 2010, she has hired unpaid interns as her servants. No other justice does this.Justice Sotomayor's job description, posted on a Latino Facebook page and other places, tells us that applicants do not need a law degree, but "a driver's license is a must" because the intern's duties will include running "errands outside of the Courthouse." The intern will prepare "lunch and snacks for the Justice," photocopy, and answer the phone. The intern is responsible for his own living arrangements and transportation. She pays them nothing.
Cheap rat.
Whether Sonia Sotomayor is abusing her position as a justice by leveraging that appointment to secure free butlers is an important question of judicial ethics. A more prosaic question is whether she is violating U.S. labor laws, including the requirements of a minimum wage. It turns out that the answer is yes.First, her maid, butler and chauffeur are not employees of the Supreme Court; they are her personal employees. No federal statute authorizes Justice Sotomayor to hires personal aides. Yet, even if one would consider her maid or butler to be an employee of the Supreme Court, the Fair Labor Standards Act still applies. One section expressly includes all U.S. government employees while another section excludes "volunteers" of state agencies. There is no exemption for federal agencies.
At the link, Rotunda explains why this "serve Sotomayor!" internship doesn't fit the bill legally.
More here. Oh, and Sotomayor is the only justice with interns.








I had thought the purpose of internship (at least it was when I performed mine as a massage therapist) was to give the intern some practical experience and learning that would benefit them when they set out to earn their living.
But fixing meals and buying groceries? Hardly a way to teach an aspiring lawyer the nuances of the judicial process.
Not only is having unpaid interns reprehensible in this case, but the "wise Latina woman [redundant]" is grossly misusing them. They get absolutely no benefit from this arrangement.
I can't understand why anyone would volunteer for this. Are they so in awe of Supreme Court justices that it's some wondrous privilege to work for one without compensation?
Patrick at October 1, 2015 3:29 AM
You get to observe and meet amazing people and you get a really enormous thing to put on your resume.
Amy Alkon at October 1, 2015 4:48 AM
"You get a really enormous thing to put on your resume" - until employers come to suspect that this item on your resume means you were a servant rather than assisting with the law.
"You get to observe and meet amazing people", or do you get to be abused by amazingly entitled a**holes? I suspected that when I heard Sotomayor's "wise Latina" remark, but this goes far beyond that.
markm at October 1, 2015 5:17 AM
And you get to learn that Sonia Sotomayor is the Arianna Huffington of the Supreme Court.
Patrick at October 1, 2015 6:27 AM
"You get to observe and meet amazing people", or do you get to be abused by amazingly entitled a**holes?
Probably both.
Amy Alkon at October 1, 2015 6:38 AM
It's earning tribal membership. You do enough of it so that the ruling class starts to accept you as one of their own. Once that happens, you're on your way. You can be living on Easy Street, with wealth, power and control, not too many years afterward.
Cousin Dave at October 1, 2015 7:02 AM
If one voluntarily serves as a slave, I'm not sure what laws are actually being broken.
Cousin Dave is on to something (he usually is): this is a bullet point they can throw into their resume so that when the apply to, oh, say the Bill, Hillary and Chelsea Clinton Foundation they've established their tribal creds. And get a 6 figure income right off the bat.
I'm reliably one of you, and I'm willing to do whatever it takes to advance the agenda.
I R A Darth Aggie at October 1, 2015 7:22 AM
Who's teaching aspiring lawyers?
"Justice Sotomayor's job description, posted on a Latino Facebook page and other places, tells us that applicants do not need a law degree...."
Conan the Grammarian at October 1, 2015 9:21 AM
This is all about feeding the ego of the "wise Latina."
Sotomayor is the least intellectually curious Justice, and the most partisan. Her questions during the gay marriage hearings revealed she had already made up her mind and was looking for a question or answer that could be used as a soundbite to affirm her already-established position on the subject.
She does not seem to come into hearings with even the pretense of an open mind. She does not look at issues with the idea that the Supreme Court is to decide Constitutionality or the extent or existence of government over-reach, but with the idea that she's there to affirm policies put into place and/or approved by the Democratic Party.
The hard-core conservative justices at least put up a facade of impartiality and curiosity when hearing an argument. Even Ruth Bader Ginsburg manages that and, until Sotomayor, she was the Court's hard-core left-wing partisan.
Conan the Grammarian at October 1, 2015 9:39 AM
Conan, quoting the article: "Justice Sotomayor's job description, posted on a Latino Facebook page and other places, tells us that applicants do not need a law degree...."
I'm aware of what it says, Conan, but in likelihood, serving an internship to a Supreme Court justice would most likely attract aspiring lawyers. Even though she doesn't require a law degree (or even a law student), that's probably what she's getting.
Patrick at October 1, 2015 9:56 AM
Oh, and by the way, it's "wise Latina woman." When ridiculing Sotomayor, I would recommend using all the weapons at your disposal, including the redundancy of calling herself a "Latina woman." It's a nice piece of irony when you consider that she was complimenting herself as "wise."
And I agree that Sotomayor is probably the most partisan, least curious and likely the least qualified SCOTUS justice of them all. Though I also confess a distaste for Kagan, in light of her history of expelling military recruiters from college campuses.
Hopefully, Obama will not have the opportunity to appoint any more SCOTUS justices. The two he gave us are arguably the worst ones.
Patrick at October 1, 2015 10:03 AM
If we're getting rid of gendered pronouns, we need to be getting rid of gendered adjectives too. I think from now on, Sotomayor needs to refer to herself as a "wise Latinxe pxon". It's progressive, you know.
Cousin Dave at October 1, 2015 10:24 AM
I was trying to remember her name when typing my post and couldn't remember.
I'm not a fan of hers, but at least she evinces some intellectual curiosity and willingness to hear both sides of an argument.
Unlike Sotomayor's questions, hers don't run along the lines of "when did you stop beating your wife?"
True, but in specifically saying a law degree is not required she has revealed that she has no intention of mentoring aspiring lawyers, even if that's what she's most likely to get as applicants.
Basically, she's looking for a poli-sci major to act as a go-fer, a major with interest in polishing her ego and no real job prospects enabling the intern to leave when he realizes he's a quasi-legal slave (and it will be a he - better to stick it to the patriarchy).
As Cousin Dave opined, the only appeal to being Sotomayor's whipping boy is earning membership into the tribe.
Conan the Grammarian at October 1, 2015 10:44 AM
Given what Sotomayor is requiring, she might do better hiring culinary arts students.
Patrick at October 1, 2015 2:24 PM
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