Monday, June 29, 2009

Sotomayor Overruled -- 4 to 5


The one and only thing that should be understood about this case as it relates to Judge Sotomayor’s nomination is that all nine members of the Supreme Court found that Sotomayor’s court was in error. Press reports that the Court “ruled against Sotomayor 5-4 along partisan lines” fundamentally misrepresent the decision issued today.

4-5 Would She Have Made a Difference?

(Drudge Report h/t)

High Court Rules for White Firefighters in Discrimination Suit: Ruling Reverses High-Profile Decision by Supreme Court Nominee Sonia Sotomayor

By Robert Barnes / June 29, 2009

Washington Post

The Supreme Court today narrowly ruled in favor of white firefighters in New Haven, Conn., who said they were denied promotions because of their race, reversing a decision by Judge Sonia Sotomayor and others that had come to play a large role in the consideration of her nomination for the high court.

The city had thrown out the results of a promotion test because no African Americans and only two Hispanics would have qualified for promotions. It said it feared a lawsuit from minorities under federal laws that said such "disparate impacts" on test results could be used to show discrimination.

In effect, the court was deciding when avoiding potential discrimination against one group amounted to actual discrimination against another.

The court's conservative majority said in a 5 to 4 vote that is what happened in New Haven....