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Firefighters Win, Sotomayor Loses in Supreme Court Ruling

By June 29, 2009

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One of the largest pieces of artillery positioned against Supreme Court nominee Sonia Sotomayor by her detractors is her ruling in the New Haven, CT firefighters case. They've claimed it shows racial bias on her part and -- in light of her "wise Latina" comments -- indicates she's unfit to serve on the nation's highest bench.

Now that the Supreme Court has ruled against a circuit court opinion involving Sotomayor and has sided with the firefighters, does this give her opponents the ammunition it needs to go gunning for her with even greater zeal? And possibly take her down?

It's shaping up to be a long, hot, sticky and tricky summer for Sotomayor, who will begin Senate confirmation hearings on July 13.

Related article: Supreme Court Reverses Sotomayor In Race Case


June 30, 2009 at 10:54 am
(1) Caroline says:

Who says “judicial activism” is just for liberals???

Where’s the criticism of her fellow jurists who joined her in the opinion? Appellate decisions are GROUP decisions ~ not individual opinions.

The people who are pushing this nonsense know the appellate process and are pulling off one heck of a con job on the American public.

After oral arguments, the judges meet to confer about their reactions to ALL the cases they heard. They take a preliminary vote. The head judge looks at the pile of cases and divides up the work of writing opinions within the group. THEN, the judicial clerks get busy finding case law to support the JOINT decision of the panel on the cases assigned to her/his judge.

Just cause some of you read fast. . .let me say it again. . .the decision is made BEFORE anybody does the research.

They meet again to discuss their findings, and a JOINT opinion gets written up by one of the judges. Sometimes judges switch sides at this point if someone on the panel is persuasive enough.

So, if Judge Sotomayor is a racist, so are the rest of the judges on her panel. Lemme guess. . .they aren’t being criticized because they’re 1) white and 2) male???

June 30, 2009 at 11:38 am
(2) womensissues says:

Caroline, thank you for pulling aside the drape that shrouds the “mystery” of how the judicial process works. You’re right – Sotomayor is being singled out when in reality the decision is not hers alone. I appreciate having a constant reader of your background and expertise posting here to clarify these things for the rest of us non-legal eagles.

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