Oh dear.

According to the trial record, Marcus ran a Web site that featured photos he had taken of women who acted as "sex slaves" and were subjected to varying levels of physical abuse. The woman at the center of the case — identified only as "Jodi" — had met the defendant in 1998 and agreed to participate in his commercial activities.

At issue was whether Marcus took the relationship too far and held Jodi against her wishes. Prosecutors claim he manipulated and forced the woman to undergo the punishment, then write about it for the Web site. The incidents took place at various locations between 1999 and 2001.

Attorneys for Marcus said the relationship was consensual, even enjoyable, and that Jodi had signed an employment contract and was provided for through the for-profit Web site, which had paying members and advertising. They also said that while the public may find the details unsettling, it was done in the privacy of homes.

The woman testified she felt like a prisoner and she could not escape her situation. Her head was shaved and the word "slave" was written on her stomach by Marcus with a knife. She claimed she was whipped regularly, hung by her arms from posts, and subjected to a range of humiliating poses.

Marcus was initially sentenced to nine years in prison. However, the appellate court overturned the previous ruling, deeming that the law used to prosecute Marcus - the 2000 Trafficking Victims Protection Act - was not in effect during the time of some of the offenses.

Much of the press interest in this case revolves around Justice Sotomayor's role in the appeals process, where she was among the justices who voted to overturn the conviction.

Supreme Court To hear Case About 'Sex Slave' Web Site [CNN]

SCOTUS has a full year ahead with an interesting docket. Some of the cases are truly gruesome:

Among the most anticipated cases so far are two that raise the question of whether it is constitutional to sentence juvenile offenders to life without parole. One of the defendants was just 13 when he raped an elderly woman in her home - an appalling and brutal crime, but one that did not involve homicide. We should not be giving up on a person for an act committed at 13. A few years ago, the court ruled that the death penalty for juvenile offenders amounted to cruel and unusual punishment. It should extend that reasoning to these cases.

Others deal with how much business can influence politics:

The most important business case, however, is one the court heard last month. In Citizens United v. F.E.C., the court could wipe out a longstanding ban on corporate spending on federal elections, which would allow big business to swamp democracy. We hope the court will avoid such recklessness, and rule narrowly.

The news about Sotomayor is mostly speculation. The Washington Post asked various experts (only one of whom has worked with Sotomayor in any capacity) about what to expect when she takes the bench. Most of the experts parroted ideas we've already heard before - that Sotomayor's experience will be a welcome addition to the court, or that Sotomayor's presence will not ultimately shift the balance of power. Sotomayor's acquaintance from law school provides a bit more of a glimpse into Sotomayor's style:

GERALD TORRES

Professor at the University of Texas School of Law; counsel to Attorney General Janet Reno; knew Sotomayor when she was a law student

We can expect a careful judge — and I use the term judge purposely. As a federal prosecutor, federal district judge and federal appellate judge Sonia Sotomayor was not merely a justice-in-waiting. She comes to the role of justice having served more than a perfunctory appellate court apprenticeship, from a long exposure to the importance of facts and their role in constructing the meaning of law. This training has produced sensitivity to how law affects the lives of the people before the court. Principles live through people, not the reverse.

Her questioning of the parties in the first case she heard, Citizens United v. Federal Elections Commission, reflects these commitments. In one question, she asked if the court would be "cutting off" the "future democratic process" if it ruled broadly, deciding to answer a question not properly before it in order to treat all corporations as natural persons. It was the right question, especially because it was a judge-made rule that created the problem the court was addressing. For Sotomayor, perhaps, it is the wise people who ought to lead rather than the courts.

(Torres was also the only expert to refer to a specific example of what Sotomayor has done recently.)

But more of the speculation is about Sotomayor's actual beliefs.

For the most part, however, all eyes will be on Sotomayor. Most of the court handicappers will be watching for early signs of how she might depart from the liberal voting record of her predecessor. Originally a Republican nominee to the trial court (though later put on the appellate court by President Clinton), Sotomayor was suggested as a nominee for President George W. Bush and has a more conservative voting record than Souter. If she votes the way she voted on the appellate court, liberals will lose ground with her selection.

In other news, USA Today contacted Sandra Day O'Connor and asked about her opinions of the current Court:

Asked how she felt about the fact that the current court had undone some of her rulings, the nation's first woman justice responded, "What would you feel? I'd be a little bit disappointed. If you think you've been helpful, and then it's dismantled, you think, 'Oh, dear.' But life goes on. It's not always positive."

O'Connor, appointed by Ronald Reagan in 1981, was a moderate conservative who often brokered compromises among justices and across ideological lines.

Since she retired in 2006, the court has become more conservative and retreated from some rulings in which she crafted consensus, including on abortion rights, campaign finance and government race-based policies. [...]

Asked about regional diversity, she said, "I don't think they should all be of one faith, and I don't think they should all be from one state." On the court are now a record six Catholics; two are Jewish; one, Protestant.

The Kid's Post (a supplement in the Washington Post) has a cute way of explaining the Supreme Court to the young ones:

Ever get into a fight with your sister, say, over who spilled the soda on your iPod? Your sister blames you and claims you bumped her into the soda, causing the spill. You blame her because her elbow knocked over the soda. You ask your little brother what he thinks. He blames you. You ask your babysitter what she thinks. She also blames you. Finally you ask your mom, the highest authority in the house, what she thinks. She decides that because you were running in the house breaking the rules, it's your fault.

That is, in a way, how the U.S. court system works. Your mom is like the U.S. Supreme Court, which has the final say in court cases. Today, the Supreme Court begins its 2009-2010 session.

Much of the discussion of the Supreme Court revolves around the men of SCOTUS, with Justices Kennedy, Roberts, and Alito all being lauded as ones to watch. Though some court experts believe that Roberts and Alito are going to the take the lead setting the court's tone, others are not so thrilled:

Some discord was on display during Sotomayor's confirmation hearings, where liberal Democratic senators excoriated Roberts and Alito.

"For all the talk of modesty and restraint, the right-wing justices of the court have a striking record of ignoring precedent, overturning congressional statutes, limiting constitutional protections, and discovering new constitutional rights," Sen. Sheldon Whitehouse (D-R.I.) said in a typical complaint.

While most reports are mentioning that 89 year old Justice Stevens may actually retire, opening a new position on the court, there is much that remains to be seen.

The Supreme Court Returns [New York Times]
Justice Sonia Sotomayor's free-speech tests [LA Times]
Sotomayor's First Term [Washington Post]

Sandra Day O'Connor says rulings are being 'dismantled' [USA Today]
EVER WONDERED how the Supreme Court works? [Washington Post]
For Roberts, Alito, a New Visibility [Washington Post]
Supreme court term has major gun rights, business cases [Reuters]

[London, October 1. Image via Getty]

LONDON, ENGLAND - OCTOBER 01: Barroness Hale of Richmond, one of the new 11 Justices of the Supreme Court, and the only woman, arrives in Westminster Abbey after being sworn in on October 1, 2009 in London, England. Lady Hale wears a hat despite other Justices of the Supreme court breaking tradition and choosing not to wear wigs. The Judges, who are to replace the former Law Lords, mark the start of the legal year with a traditional religious service, arriving from the Royal Courts of Justice for a service which is followed by a procession to The Houses of Parliament and then a reception held by the Lord Chancellor. The ceremony in Westminster Abbey has roots in the religious practice of the judges praying for guidance at the start of the legal year. The custom dates back to the Middle Ages when the High Court was held in Westminster Hall. (Photo by Dan Kitwood/Getty Images)

In an interview that makes her sound extremely likable and charmingly humble, Sotomayor tells C-Span about the bizarre experience of waiting around for Obama to call. She says that her family had boarded planes to Washington before she got the final answer from Obama. She had been told Obama would be making the call that day, but at 5:00 p.m. Obama still hadn't called. Her family was anxious, so she told them to go on ahead.

Sick of waiting, Sotomayor called up the White House and asked, "Well you're getting my family to Washington, have any of you given any thought about how I'm going to get there? And:

"And they stopped and said, 'Oh I guess we should figure that out, shouldn't we?' Literally, that was the response. What I was told was that the president had gotten distracted with some important other business that was going on at the time, and that he would call me at about 8 p.m. but that I should go home and pack to come to Washington, and that they would prefer that I didn't take a plane."

The Washington Post notes that the other business Obama was busy with his Memorial Day appearences and North Korea's decision to detonate a nuclear device, so we suppose he has a good excuse. But in a strange way, the rest of the story sounds kind of like a particularly nerve-wracking first date. Sotomayor recalls holding her hand over her chest, "trying to calm my beating heart, literally," right before she got the call. And once she did? She admits to breaking down in tears: "And I said to him — I caught my breath and started to cry and said, 'Thank you, Mr. President.' That was what the moment was like." We can only imagine.

Sotomayor Describes Day Of Supreme Court Selection For C-Span [Washington Post]

The Supreme Court released a statement saying Ginsburg was taken to Washington Hospital Center at 7:45 p.m. after she "developed lightheadedness and fatigue" while working, according to the Associated Press. She had received an iron sucrose infusion earlier in the day to treat an iron deficiency. Doctors found she had slightly low blood pressure, which sometimes occurs after the treatment, and decided to keep her overnight.

After an examination in July doctors determined that she was in good health, but had "a low red blood cell count caused by deficiency of iron," which is a common side effect of chemotherapy for pancreatic cancer. On February 5, a small malignant growth was removed from Ginsburg's pancreas along with her spleen, but doctors found the cancer hadn't spread.

Ginsburg hasn't missed a day of work since the operation and has said she wants to match the tenure of Justice Louis Brandeis, who served for more than two decades and retired at the age of 82.

Justice Ginsburg Hospitalized; Became Ill At Work [Associated Press]

[Washington, D.C., September 16. Image via Getty]

US Supremem Court Justice Sonia Sotomayor (C) stands as US President Barack Obama recognizes her as he speaks at the Congressional Hispanic Caucus Institute 32nd Annual Awards Gala in Washington, DC, September 16, 2009. AFP PHOTO/Jim WATSON (Photo credit should read JIM WATSON/AFP/Getty Images)

[Washington, D.C., September 8. Image via Getty]

WASHINGTON - SEPTEMBER 08: U.S. Supreme Court Associate Justice Sonia Sotomayor (R) poses with her mother Celina (2nd L) and stepfather Omar Lopez (L) during a photo-op after an investiture ceremony at the U.S. Supreme Court September 8, 2009 in Washington, DC. Sotomayor is the 111th justice who serve at the Supreme Court. (Photo by Alex Wong/Getty Images)

Justice Sonia Sotomayor will sport her own version of her "judicial collar," in the session beginning September 8.

[Washington, D.C., August 12. Image via Getty]

US President Barack Obama and Justice Sonia Sotomayor laugh during a reception in her honor at the White House on August 12, 2009. Sotomayor was sworn on August 8 in a public ceremony as a US Supreme Court justice, becoming the first Hispanic justice on the nation's highest bench. AFP PHOTO/Jewel SAMAD (Photo credit should read JEWEL SAMAD/AFP/Getty Images)

[Washington, August 5. Image via Getty]

WASHINGTON - AUGUST 05: Supporters attend a rally endorsing the confirmation of Judge Sonia Sotomayor to the Supreme Court near the U.S. Capitol August 5, 2009 in Washington, DC. The full U.S. Senate is expected to vote on the nomination sometime this week. (Photo by Win McNamee/Getty Images)

Sotomayor said in 2001, "I would hope that a wise Latina woman with the richness of her experiences would more often than not reach a better conclusion than a white male who hasn't lived that life." The LA Times asked several Latinas for their reactions — below, a few excerpts.

Rossana Rosado, Publisher of El Diario:

I think most women in this country embrace the concept that you bring something as a woman that you don't bring as a man. "Better" in the context of that speech was fine. I think surely that if you knew something you said today was going on the record for something very important you were going to do years from now, surely you would say it very differently. But as we have watched a panel of predominantly white men questioning her, it's no surprise that they might be put off by that description.

Maria Elena Durazo, Executive secretary-treasurer, L.A. County Federation of Labor:

For me, a wise Latina means diversity. I think she brings the experiences of people of color, the experiences of families struggling from lower socioecon backgrounds. She brings the experience of overcoming enormous obstacles to go to an Ivy League school and graduate cum laude. It's a very good experience to bring to the judiciary because her background represents more people in this country than the background of those members of the court who come from well-to-do families.

Antonia Hernandez, President and CEO of the California Community Foundation:

Many years ago, one of the first times I went to court, the bailiff stopped me and said, "Excuse me, you belong on the other side with the interpreters." At least he didn't think I was the defendant. You learn survival skills from this kind of experience. You learn how to bridge; you learn how to be entrepreneurial. It's a cliche, but we are framed by our experiences.

Josefina Lopez, Author of Real Women Have Curves and Hungry Woman in Paris:

Many people seem to assume that because Sonia Sotomayor's an ethnic woman, or because of the wise Latina comment, she's going to be biased. That's racist. They're assuming they aren't biased and that she is because she's an ethnic person. All these white men who were on the Supreme Court for the first 200 years were supposed to be impartial and unbiased, but for 200 years they upheld laws that supported segregation and discrimination. You kind of have to laugh.

So when most people in the government are white, relatively well-to-do men, and most people in the country are not, it might be nice to have a Supreme Court justice who has shared some of the struggles of people without much political power? And sharing these struggles doesn't cloud her wisdom, as some Senators seem to suggest, but enhance it? What a concept.

On Sonia Sotomayor: Words From 'Wise Latinas' [LA Times]

• Michelle Obama may have skipped the CFDAs, but she'll celebrate the National Design Awards at the White House on July 24. The winners, chosen by the Smithsonian and including Francisco Costa, will participate in events around Washington. [WWD]

• The Supreme Court has agreed to hear a case involving Chicago apparel manufacturer American Needle and the National Football League. American Needle contends that the league ran afoul of antitrust laws when its 32 teams canceled their individual apparel licenses to manufacture exclusively with Reebok in 2001; the NHL says that it is, in fact, a single entity entitled to do business with whomever it likes. [Breitbart]
• U.S. Customs and Border Protection had a banner week, seizing $10 million worth of counterfeit goods. Six different intercepted shipments included fake Nike sneakers, fake Coach bags, fake Gucci shoes, and fake Louis Vuitton purses. [WWD]
• Victoria Beckham is bringing in an all-new team to design and produce her dVb denim line ahead of its relaunch, expected for next year. "Victoria makes out she's hands-on, but she doesn't sit there cutting patterns," explains an anonymous friend. Not that there was much misunderstanding on that count. [Daily Mail]
• Ed Westwick — from that show about high schoolers with credit cards — posed for K Swiss shoes, and boy does he talk about the experience as one itching to be re-hired! "They know who they are," the actor said of the company, before casually mentioning that he'd just love to do another campaign. [WWD]
• Riccardo Tisci of Givenchy talked to New York about his Spring 09 couture collection, and his just-presented Resort 09 collection. Tisci, who ascended to his position five years ago, at the age of 28, calls himself the youngest couturier in history, despite the fact that both Yves Saint Laurent, who took the reins at Christian Dior at the age of 21, and Hubert de Givenchy himself, who founded his namesake line at 25 back in 1952, were younger. [The Cut]
• Model Chanel Iman's inability to distinguish between "their" and "there" has not hampered her ability to snag an internship at Teen Vogue. In a sweet touch of near-authenticity, the Condé Nasties had her clean out the styling closet. [Twitter]
• Urban Outfitters now sells its clothes via mobile phone, for those occasions when you yearn to smell of Vincent Gallo's ballsweat and early 90s desperation, but can't find your way to a store or a computer. [WWD]
• Of course American Apparel would market its new bedding with a bunch of "Oh hai Dov, this your bed? Tee hee!" shots. [AmApp]
• In other news of products that signal the apocalypse, you can now buy an Oscar de la Renta dress for your three-year-old. [W]
• These fashion-show-throwing Manhattan middle schoolers, on the other hand, seem self-sufficient enough to never be heard wailing, "But Mommy I want an Oscar noooooooow!" [Reuters]
• Valentino's owner, the U.K. private-equity firm Permira, is in talks with the fashion house's primary creditors to relax the terms of its €2.5 billion debt. Permira bought Valentino for €5.3 billion in 2007, when such buy-outs — and the easy credit they were financed with — were common. Head designer Valentino Garavani retired within months of the deal, and the house has struggled to express a coherent creative vision since his departure. [ToL]
• Madonna's wholesale transformation of her boy-toy, Jesus Luz, into a real runway model is proceeding apace. After his exclusive appearance on the Dolce & Gabbana runway for Milan's men's wear week, he headed to Paris — unburdened by any exclusive deal — and promptly racked up a spot in Givenchy's lineup. His outfit included studded gladiator sandals, harem pants, and a very busy floral/plaid shirt. [The Cut]
• Esteban Cortazar and Mounir Moufarrige, the C.E.O. of the house of Ungaro, continue to do the will-they-won't-they dance around rumors of designer Cortazar's departure. Cortazar was at the Ungaro men's wear show in Paris and, when asked about his differences with management, said "For now I am here." Moufarrige, for his part, when asked if he would be retaining Cortazar's services into the future, said, "He's here," and pointed at the runway. [WWD]
• The rumor that Pierre Cardin's Chinese shoe and leather goods licensee was in talks to take over the French brand outright has been denied by both Pierre Cardin and the shoemaker. [Reuters]
• American retailers just can't catch a break. If it's not the recession, the rising unemployment rate, or the precipitous drop in consumer spending, it's the risk of tornadoes and unseasonal torrential rain keeping the customers from their stores. [WWD]
• Versace saw a 13.4% decline in revenue during the first quarter of this year, but its sales results were stronger during the months of May and June, company chairman Santo Versace reported. [Reuters]
• Maybe part of the reason that Aéropostale is outperforming competitors like Abercrombie & Fitch to such a large degree is due to the fact that the company spends 80% of its marketing budget online, online being where most of its customers are? [WWD]

"I believe that the Belizean Grove does not practice invidious discrimination and my membership did not violate the Judicial Code of Ethics, but I do not want questions about this to distract anyone from my qualifications and record," Sotomayor wrote in a letter to Senate Judiciary Committee chairman Sen. Patrick Leahy, after her membership in the club was questioned. As the New York Times notes, "Federal judges are bound by a code that says they should not join any group that discriminates by race, sex, religion or nationality." Sotomayor defended the club in her letter, noting that "To the best of my knowledge, a man has never asked to be considered for membership. It is also my understanding that all interested individuals are duly considered by the membership committee."

Sotomayor Resigns From All-Women's Club [NYTimes]
http://www.cnn.com/2009/POLITICS/06/19/sotomayor.womens.club/index.htmlSotomayor Resigns From Women's Club [CNN]

When Obama mentioned Sotomayor's Nancy Drew obsession — one shared, incidentally, by Sandra Day O'Connor and Ruth Bader Ginsburg — in his nomination speech, Robin Givhan called it a calculated move to gain the empathy of Americans through allegiance to a relatively mainstream, inoffensive heroine. Meghan O'Rourke thinks Sotomayor's taste for the books shows her reliance on intuition. Caroline Reitz, a professor at John Jay College of Criminal Justice, says students with backgrounds like Sotomayor's — "city kids often the first ones to go to college" — enjoy Nancy Drew for "the lack of ambiguity in her world." And Sotomayor herself talked a bit about her childhood reading on Friday to MSNBC's Barbara McCluskey, praising Drew's "spirit of adventure." We asked Cain to weigh in on these issues — the lessons and politics of Nancy Drew, and how they relate to Sonia Sotomayor as a potential Justice. Our questions, and her answers, are below:

— Can you describe the politics of the Nancy Drew books? What is their attitude, if any, toward race, class, gender? Do the characters ever explicitly discuss political issues?

There's no overt politics in Nancy Drew books. They're conservative, in the sense that the status-quo must be maintained. Order must be restored. Nancy's father – world-renown attorney Carson Drew, certainly would have voted for Hoover. But Nancy herself has a liberal bent – she is always lending a hand to orphans and the elderly – a true Roosevelt democrat. Race is tricky in the books. The language is dated. "Orientals" abound. And there are a disproportionate number of "ethnic" heavies in the original stories. (For a town in the middle of nowhere, River Heights, was remarkably diverse – it had a Chinatown.) But there are also ethnic characters who are the victims of crime, and who are rescued by Nancy and treated respectfully. The books are much clearer on class. Nancy and her father are upper middle class. They live in a colonial. They have a housekeeper. Other characters are often defined by their class trappings. They are either wealthy people who have fallen on hard times, or very poor people, or hard working people. The early books especially pay a great deal of attention to issues of money, probably because they were written during the depression, so it was hard to ignore. Many of Nancy's mysteries involve Bad People trying to steal property from Good People. Gender. Well, Nancy's friend George was totally a lesbian. She had short hair (!) and "loved her boy's name." Nancy's other friend Bess was "pretty and plump," and afraid of her own shadow. So these two gender extremes bookended Nancy, who fell somewhere in between. She was "slim and attractive," and always well put together. She liked girly things like ballet. But she was also brave and confident and could drive a boat and change a tire.

— What are Nancy Drew's values as a character?

She's independent and curious and a problem-solver. She's also vain (she and George mock Bess mercilessly for being plump) and is always committing petty crimes like breaking and entering and driving over the speed limit.

— Is Nancy Drew a feminist? Are the Nancy Drew books feminist books?

I'm going to argue yes. I think the reason that Nancy has appealed to so many generations of girls is that she is such a strong female archetype. She solves problems by herself. She's capable and confident. Sure, she's always getting chloroformed and stuffed in a trunk, but she's gets herself out of it. She's independent. She's smart. Even Chief McGinnis asks her for help solving crimes. And she can crack a code and perform first aid. There are troubling (less feminist) attributes to her character, too. We are reminded endlessly of her popularity and good looks. But I think she makes up for it. And she rescues the men in her life (her father, and "special friend" Ned Nickerson) way more than they rescue her.

— What does it say about Supreme Court nominee Sonia Sotomayor that she loved Nancy Drew as a child, and that she chose to make this fact public? How might the lessons of Nancy Drew apply to issues before the Supreme Court, like abortion, affirmative action, etc.? How might these lessons apply to the work of being a Justice in general?

I think it speaks well of Sonia Sotomayor that she read as a kid. She loved books. I don't know that it even matters which books. And I think that more than anything that is the greatest legacy of the Nancy Drew books. They were gateway reading. Girls picked them up, fell in love with the mysteries and adventure. And then put them down and picked up something better.

Much has been made of Sotomayor's reading choices, but maybe we should be glad that she read at all — and that she can remember what she read. Givhan and O'Rourke see Sotomayor's Nancy Drew period as a predictor of her adult character, but Cain's analysis is more modest — for her, Nancy Drew was just a stepping stone on the way to what has obviously become a successful and varied intellectual life. Not earthshaking, perhaps, but not bad for a girl sleuth whose hobbies were breaking and entering, eating cinnamon toast, and trying on dresses at the local department store.

Nancy Drew And The Secret Of The 3 Black Robes [New York Times]
Sonia Sotomayor And Nancy Drew? The Connections Are No Mystery. [Washington Post]
What Does Sotomayor's Love for Nancy Drew Tell Us About Her? [Double X]
Confessions Of A Teen Sleuth: A Parody [Amazon]

[Washington, D.C., June 2. Image via Getty]

WASHINGTON - JUNE 02: U.S. Supreme Court nominee and Federal Appeals Court judge Sonia Sotomayor (R) meets with Senate Democratic Leader Sen. Harry Reid (D-NV) (L) on Capitol Hill June 2, 2009 in Washington, DC. Sotomayor made her rounds on the Hill to visit senators who will vote for her confirmation process. (Photo by Alex Wong/Getty Images)