WASHINGTON — The Supreme Court’s reversal Monday of a racial discrimination decision endorsed by Sonia Sotomayor when she was a federal appeals judge provided fresh ammunition for her critics two weeks before her Senate confirmation hearing. It’s unlikely to sink her nomination, however.
The ruling that white New Haven firefighters were unfairly denied promotions because of their race became an instant talking point for conservative foes of Sotomayor. They argued that her court’s decision to the contrary last year shows she would be an activist who allows her biases — particularly her backing of affirmative action policies — to taint her judgment.
Still, the 5-4 decision, which was not unexpected on a court whose conservative majority has recently moved to narrow measures meant to combat racial discrimination, is hardly a clear-cut rebuke to Sotomayor.
Sotomayor’s supporters noted the appeals court decision followed well-established legal precedents — something conservatives routinely say judges should do. They also said she did not actually write the appeals court decision but was rather one member of a three-judge panel that rejected the white firefighters’ claim of discrimination.
More than anything else, the Supreme Court’s decision in the case of Ricci v. DeStefano pointed up the dueling ideological strains that will shape Sotomayor’s confirmation process. At issue in the case was New Haven’s decision to throw out a promotion exam for firefighters because virtually no minorities scored highly enough to qualify. The Supreme Court ruled that the city’s fear of a racial discrimination lawsuit by minority firefighters wasn’t by itself enough to allow it to discriminate against the white candidates who scored well enough to get promotions.
by the associated press
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