Judge Sotomayor thought it appropriate to use an unpublished summary order to dispose of the claims of the New Haven firefighters in Ricci v. DeStefano.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.