From NRO:
Judge Sotomayor thought it appropriate to use an unpublished summary order to dispose of the claims of the New Haven firefighters in Ricci v. DeStefano. Today the Supreme Court issued 93 pages of opinions in the case that Sotomayor acted to bury.
Further, although there is a sharp 5-4 divide among the justices, not a single justice thought that Judge Sotomayor acted correctly in granting summary judgment for the City of New Haven.
ALL the justices thought she acted incorrectly.
Perhaps the Justices are sending a subtle message about what they think of Obama’s nominee. You would think that would pretty much kill her chances for being confirmed by the Senate, but I’m not holding my breath.
Who you foolin’?
This will fast track her….
Probably the opposite… The “spin” is this will have NO impact on her confirmation, since it was a 5-4 and ol Green Teeth Ginsburg gave a “resounding” rebuke from the bench… sigh…
I doubt that the Justices will be able to stop her nomination, as we have a Soviet Premier, and a Soviet Congress.
When lately have the upper and lower houses of our government paid any mind to the wishes and demands of the represented population?
Congress and the Senate want it, they get it.
Just wait until November 2, 2010 and see what they get.
Regards,
Rabbit.
Wasn’t she just one of three judges on the 2d Cir. panel to affirm the lower court decision? The panel voted 3-0, and did so based on existing precedent in the circuit, plus a 78-page lower cour decision. So I’m not sure how she is accused of not “acting correctly.” The decision could have gone either way. If she voted the other way, the panel would have been 2-1, with Ricci still losing his appeal.
“She said she and the other two judges on the panel unanimously decided the case on the basis of a thorough, 78-page decision by the District Court and on precedent from the second circuit court. ” http://newhavenindependent.org/archives/2009/07/sotomayor_leahy.php
Tom Goldstein is a partner at Akin Gump Strauss Hauer & Feld, and lecturer at Stanford and Harvard Law Schools. He is the founder of SCOTUSblog.
In sum, in an eleven-year career on the Second Circuit, Judge Sotomayor has participated in roughly 100 panel decisions involving questions of race and has disagreed with her colleagues in those cases (a fair measure of whether she is an outlier) a total of 4 times. Only one case (Gant) in that entire eleven years actually involved the question whether race discrimination may have occurred. (In another case (Pappas) she dissented to favor a white bigot.) She participated in two other panels rejecting district court rulings agreeing with race-based jury-selection claims. Given that record, it seems absurd to say that Judge Sotomayor allows race to infect her decisionmaking.
http://blogs.tnr.com/tnr/blogs/the_plank/archive/2009/06/03/judge-sotomayor-and-race.aspx