Sonia Sotomayor, New Haven | 06/30/2009 9:45 am

Will Supreme Court's Decision on New Haven Firefighter Case Hurt Sonia Sotomayor's Confirmation?

High court overturns Sotomayor decision, saying New Haven did condone reverse discrimination with firefighter test. What does that mean for her?

By The Staff at wowOwow.com

Supreme Court nominee Sonia Sotomayor may have a more difficult path ahead on her way toward confirmation, after the Supreme Court yesterday overturned a key "reverse discrimination" ruling she took part in.

The Supreme Court on Monday ruled 5-4 in Ricci v. DeStefano that the city of New Haven, CT, wrongly discarded the results of promotional exams for their firefighters after too few minorities qualified. A group of 20 mostly white firefighters sued for reverse discrimination. Sotomayor and two other federal appeals court judges last year sided with the city. The decision is notable because some conservative Republicans have criticized Sotomayor’s views on racial preferences, some even calling her "racist." They say the Bronx-raised Latina judge may place race ahead of other issues in some of her decisions, and that she could be a liberal judicial activist.

Now, those on the left and right are weighing in as to what this means for Sotomayor’s confirmation, which is supposed to begin July 13. Her supporters, of course, say this won’t derail the process, and point out that four Supreme Court justices, two appellate judges and a lower-court judge agreed with her interpretation of the law, while those who oppose her, as well as some conservatives, say this is yet another reason to take things slow. But even some of her detractors say this isn’t enough to kill her nomination altogether.

Texas Rep. Lamar Smith, the ranking Republican on the House Judiciary Committee, called on the Senate Judiciary Committee to "carefully examine Sotomayor’s role in the 2nd Circuit’s opinion on this case. Discrimination and racial preferences have no place in our courts, let alone on the highest court in the land." Sen. Charles Schumer, D-NY, a senior Judiciary Committee member, said the ruling "in no way undercut" her prospect for confirmation, while the White House also rushed to her defense.

"The issue from the Sotomayor perspective is, does this call into question anything about her judgment? And it doesn’t," one senior White House official told The Washington Post. "The majority made it clear they are making a new rule. No one has really questioned that she did what she was supposed to do.’’

What do you think? Will this decision hurt Sotomayor’s chances at the Supreme Court job? Should it?

62 Reader Comments (so far…) Sign In or Register to comment

Exactly, Marjorie. Democrats lined up as far as the eyes can see! Will 2012 ever get here?

By deber B on 06/30/2009 4:00 pm

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First, she has no children, second she is qualified based on years of judicial experience, not because of her good looks or oratory skills, third…stop playing the Republican victim, it just does not jibe with history

By C. Aune on 07/01/2009 10:45 am

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This is such a crock, Marjorie: Sorry, I can’t sugar-coat it. If you have something to say about Justice Sotomayor’s qualifications (or lack thereof), share it with us. But don’t complain that the process lacks substance if you don’t provide any!

By Linda Mason on 07/02/2009 6:28 pm

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I do not believe this decision will hurt her confirmation. It should not!

While, I respect and honor firefighters for the job they do. I do have issues with the New York City Fire Department. The New York City Fire Department is one of the racist fire departments in the world!

I cannot begin to list the cases of persons of color both men and women who have qualified for positions were hired, were harassed and resigned under the pressure. I can even give names of whites who transfered from the police department to the fire department and met with discrimination. They may be brave but many are not just and nice!

The same holds for the Trade Unions and the New York City Police Depatment.

Were these people secretly coached with the answers? It has been known to happen. Ask any high schooler.

By L. C. on 06/30/2009 11:41 am

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LC to say that no one is "racist" is wrong. Everyone is racist in their own way. You can’t tell me that if you were walking downth street and you saw a group of young kids, boys or girls, that looked "thuggish" or "dirty" or just "hard" you would not grib your purse tighter or even cross the street just to be safe.

ALso its the New Haven CT fire fighters who sued, not the NYC. n

By C Hardy on 06/30/2009 12:49 pm

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C Hardy

I know it was the New Haven Ct Firefighters. I was airing my opinion of the NYC Fire Department as an institution.

Why would you make an assumption I’m a woman? Purse ?

Living in New York City and travelling around the city I’d exhaust myself . So, I just normally walk very self assuredly making eye contact and so far I have not had any problem.

By L. C. on 06/30/2009 1:27 pm

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Maybe b/c your on a website geared towards women?

LC plus I was using it as an example…I dont care how you walk, when you see a certain group of people hanging out on the street corner, I am sure you generalize them as being this or that and you walk making eye contact b/c your "scared" they may or may not mug you, that is a type of racism.

By C Hardy on 06/30/2009 1:35 pm

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Well, let’s put it this way… it can’t help it. But, since a nominee is confirmed by a majority vote of the Senate, I think she will be appointed. The overturn decision might give her pause to ponder, though. I hope so.

By Marjorie C. on 06/30/2009 12:04 pm

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Marjorie…my concern is the 300 more boxes of files they just found on her….the Republicans are asking more time to process all the cases before the hearing, but as usual…it’s a rush to get her confirmed…"this rush" to pass everything in such a hurry is worse than the oj simpson accusation that it was a "rush to judgement"!!! :-)

By Libra Lady on 06/30/2009 12:29 pm

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Libra: …"this rush" to pass everything in such a hurry…

Yeah, it’s like the hounds are after them. No study, no examination, just rush through terribly expensive bills and programs… and now this appointee. Does it have anything to do with 2010? Kinda like this is just a short spurt/honeymoon and they know it.

By Marjorie C. on 06/30/2009 3:44 pm

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The 5-4 vote means this is not an instance to judge Sotomayor’s decisions.

By Laura Ward on 06/30/2009 12:40 pm

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She is already a shoo0in, fp. No one disputes that.

By deber B on 06/30/2009 12:59 pm

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deber B - Yes, after she gets her cast off, the shoe will fit. Though the fire fighter’s win, (hooray), may have given her and her supporters time to catch their breath it may also have given them time to reflect upon and doubt her ability on the Court.

By Patricia Sprofera on 06/30/2009 5:01 pm

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Patricia, I don’t know….seems Obama and his wrecking crew, with their speedy ramming of all things "democrat" will push her right on through…..no questions asked. It has only been five months and the word "bipartison" another one of his campaign "promises" was just another lie. So many lies …. in so little time. Like you, I am delighted the firefighter’s won! We’ve gone overboard for decades with discrimination in the workplace and many deserving people have not been promoted because "someone" wanted to save their butt from a legal battle by promoting someone less deserving because of their ethnicity. It got way out of hand. Now the tide has turned and deserving "caucasions" are taking back their equal rights. I am so glad the race card can no longer be used. People should be promoted based on their ability period. We are finally getting back to the basics of life. It has been a long time coming.

By deber B on 06/30/2009 5:31 pm