Saturday, July 4, 2009

Think Sotomayor's Racial Preference Was Rejected 5-4? Try 9-0.

National Journal Online -- The Ninth Justice -- Justices Reject Sotomayor Position 9-0 -- But Bigger Battles Loom: "the court was unanimous in rejecting the Sotomayor panel's specific holding. Her holding was that New Haven's decision to spurn the test results must be upheld based solely on the fact that highly disproportionate numbers of blacks had done badly on the exam and might file a 'disparate-impact' lawsuit -- regardless of whether the exam was valid or the lawsuit could succeed...

...even Justice Ruth Bader Ginsburg's 39-page dissent for the four more liberal justices quietly but unmistakably rejected the Sotomayor-endorsed position that disparate racial results alone justified New Haven's decision to dump the promotional exam without even inquiring into whether it was fair and job-related."


Stuart Tayor, in National Journal, explains how Sotomayor's racial justice positions are to the left of EVERY current Supreme Court justice, not just the 5 that voted to overturn the Ricci decision. The Republicans need to make this clear in the Senate hearings on her nomination.



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