Ruling on Firefighters' Lawsuit Raises Questions About Sotomayor's PhilosophyJudge Sonia Sotomayor has heard thousands of cases and has issued as many rulings in her nearly two decades on the federal bench, but the early debate over her judicial philosophy in her Supreme Court confirmation battle comes down to one paragraph.
It is the 134-word summary order in Ricci v. DeStefano, which upheld the decision of New Haven, Conn., to throw out the promotion test it had given city firefighters when no African Americans and two Hispanics qualified for advancement.
The case is under review by the Supreme Court that Sotomayor would join. If the decision is reversed -- which, from the tone of oral arguments in April, seems a distinct possibility -- the high court's ruling will probably come at the end of June, just as the Senate and the nation begin to consider Sotomayor's qualifications.
The White House, concerned that a reversal would be seen as an embarrassment for its nomination, is rolling out a multi-pronged strategy to explain the case and Sotomayor's role in it. The first step was to offer a collection of legal experts who say the ruling marks Sotomayor not as a judicial activist, or even a supporter of minority rights, but as a conservative jurist whose actions show how closely she hews to court precedent.
But White House strategists face a tough challenge in the sound-bite war. The New Haven case raises complex issues about workplace bias and how far governments may go to ensure they are not discriminating against minorities before they intrude upon the rights of those in the majority.
The white firefighters who brought the suit say it can be reduced to this: They were denied the promotions they earned because of the color of their skin.
The case is under review by the Supreme Court that Sotomayor would join. If the decision is reversed -- which, from the tone of oral arguments in April, seems a distinct possibility -- the high court's ruling will probably come at the end of June, just as the Senate and the nation begin to consider Sotomayor's qualifications.
The White House, concerned that a reversal would be seen as an embarrassment for its nomination, is rolling out a multi-pronged strategy to explain the case and Sotomayor's role in it. The first step was to offer a collection of legal experts who say the ruling marks Sotomayor not as a judicial activist, or even a supporter of minority rights, but as a conservative jurist whose actions show how closely she hews to court precedent.
But White House strategists face a tough challenge in the sound-bite war. The New Haven case raises complex issues about workplace bias and how far governments may go to ensure they are not discriminating against minorities before they intrude upon the rights of those in the majority.
The white firefighters who brought the suit say it can be reduced to this: They were denied the promotions they earned because of the color of their skin.
Moreover, the scant order by a unanimous three-judge panel that included Sotomayor was devoid of legal reasoning for affirming the decision of a lower district judge, a curious dismissal for a case that represents significant questions of law and the Constitution.
Although most of Sotomayor's colleagues on the full U.S. Court of Appeals for the 2nd Circuit agreed with the approach, it was roundly criticized by her mentor, Judge José A. Cabranes, who was also appointed to the circuit by President Bill Clinton. Cabranes wrote on behalf of the Republican-appointed judges in denouncing the cursory nature of the review and in urging the Supreme Court to review the case.
"The opinion contains no reference whatsoever to the constitutional claims at the core of this case," Cabranes wrote. "This perfunctory disposition rests uneasily with the weighty issues presented by this appeal."
In New Haven, tensions between white and minority firefighters are the real-life consequences of the suit, and Sotomayor's nomination has ratcheted up the attention.
Gary Tinney, president of the local chapter of the International Association of Black Professional Fire Fighters, said relations are not good in the department, where no one of any race has been promoted since the test was given in 2003.
"The feeling in there is just total isolation," Tinney said. "You have to watch your back."
"The opinion contains no reference whatsoever to the constitutional claims at the core of this case," Cabranes wrote. "This perfunctory disposition rests uneasily with the weighty issues presented by this appeal."
In New Haven, tensions between white and minority firefighters are the real-life consequences of the suit, and Sotomayor's nomination has ratcheted up the attention.
Gary Tinney, president of the local chapter of the International Association of Black Professional Fire Fighters, said relations are not good in the department, where no one of any race has been promoted since the test was given in 2003.
"The feeling in there is just total isolation," Tinney said. "You have to watch your back."
More from the Washington Post here.
14 comments:
Sonia Sotomyer is a clear racist she is a long standing member of the group "La Raza" (The Race) their mission ? La Raza is a racist and secessionist movement that calls for the takeover of six to eight US states from Texas to Oregon, and the creation of a new country, ... Obama becoing more transparent !
If that's the best you can do ... then good luck with it.
10:12 anon
isn't that enough you racist !
all libs are racist, they call it "equal rights" and don't and never will see that their racism is one of the downfalls of our nation. Their "equal rights" toward minorities while removing the rights of you and I makes them feel all warm and fuzzy. So to them it must be right to help destroy or constitution while the hate and blame America
She was following the rule of law for her state. Had she ruled differently then she would have been an activist judge.
2:34 How will you feel when whites are a minority? Bet you will be all for equal rights then.
Radical liberals are KILLING MY COUNTRY . They are truly the most hypocritical,intolerant ,self important band of playground bullies.
2:34 anon
The difference will be whites won't be screaming for equal rights they have always been the producer's and made their own way. The complaining will come when the minority whites still have to pay disproportionately to help the majority of non producers...
I am for equal rights now. Let us get rid of afirmitive action (reverse discrimination) actually there is no such thing as reverse dicrimination. dicrimination is discrimination. We have an illigimate man in the whitehouse spending big bucks to skirt the law and everyone of his appointments are to date illigit. The truth will be told.
Sonia Sotomyer has 50 % over turn rate of her decisions .
WOW! Wasn't sure I wqas on the right site after reading some of these posts. Sounds more like a White Supremist site to me. Utter nonsense.
11:13 anon - Just proves the point when the left wing racists cannot articulate their argument they call you a racist and their socialist media protects them !!!
Anon 2:38
GET a grip-white people may not be a minority but we sure as hell are discriminated against-constantly.We are hated and despised and blamed for "keeping down" every other race.If a non-white person does not succeed,whether it be their fault or not,guess who takes the blame?Whitey.I am not a racist or radical,I am just damn tired of being made to feel like I "have it made" or even worse,feel guilty,because I am white.No one race or creed has cornered the market on being out upon.And if any minority deserves the right to pitch a b*tch,its the Native Americans.
It's people wanting a free ride and the government keeps giving and giving until the country is bankrupt and thats the point where the socialist agenda takes hold and we will all be slaves of the state...
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