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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
© Getty Images

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

deber B

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 5:30 pm
Patricia Sprofera
deber B - "People should be promoted based on their ability period," - I agree, wholeheartedly.  People should also be hired based on their ability, too - and this statement is coming from a woman with a physically disability - who was in the work force for 35 years.  I was hired and promoted because of my ability - not to fill a quota - and not because it was fashionable to hire the handicapped in the 1970’s - the word, "handicapped" was acceptable back in "those days."  Yes, it has been a long time coming.
By Patricia Sprofera on 06/30/2009 6:56 pm
deber B
Glad it is finally here, Patricia.
By deber B on 06/30/2009 7:46 pm
Deni G
No there is no reason for her to be affected. She and the other judges that ruled on this, ruled according the law as it stands.

The Supremes in handing down their judgment, altered the law. They legislated from the bench.

Oh those “activist” judges! Why are the Republicans not up in arms?

hmmm….

By Deni G on 06/30/2009 9:06 pm
alice ruth
I don’t believe the ruling will hurt her confirmation, and I don’t see why, based on all I’ve read about her record, she wouldn’t become an effective supreme court justice.
By alice ruth on 07/01/2009 12:29 am
Deniseann Taylor
I’m happy for the Firefighters, I’m not sold on her for the S court.
By Deniseann Taylor on 07/01/2009 6:35 am
C. Aune

You all know that this ruling was really about the City of Hartfords rights, right?

The case was about whether the City had the right to throw out the test based on their fear of being sued. Cities just lost some of their rights to make their own decisions based on their best judgement and that new precedent can and will come back to bite in many future cases.

By C. Aune on 07/01/2009 10:50 am
laureen f
This is not good for her…and now another case, Jeffery Deskovic vs Angela Correa. Convicted of murder, Jeff was sentenced even tho his DNA did not match the DNA on the victim, Angela, a teenager. He was innocent and Sotomayor played a role in keeping him in prison and denying all appeals. World Net Daily, Jume 30th by Bob Unruh if anyone wants to read his story. The fire fighters ruling by the supreme court was fair as she never addressed the constitutional aspect of the original intent of the case…Does affirmative action discriminate against whites? All I can say is that racism turned up-side-down is still racism.
By laureen f on 07/02/2009 6:24 am
frances roehm
To your question. For me, the answer is NO.
By frances roehm on 07/02/2009 11:13 pm
Beth Pie
Haven’t read all the comments, and am not sure if this is mentioned but she’s also thinks that convicts in prison should be able to vote.  Which is clearly unconstitutional.  But the Constitution doesn’t really matter when you’re a wise latina with rich experiences and empathy. 
By Beth Pie on 07/03/2009 10:06 pm