Sotomayor Under Fire for Discrimination Case

A Connecticut firefighter who lost an appeals court ruling by Sonia Sotomayor has told a Senate panel that in his line of work, advancement has to be determined by skill and qualifications.

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Sotomayor Challenged on Courage

As senators moved into a third round of questions, the top Republican on the committee again asked about the case, prompting a rare moment of apparent frustration from Sotomayor, who has thus far responded to senators' queries in measured tones.

Sen. Jeff Sessions, R-Ala., asked Sotomayor if she failed to show "courage" in her initial decision, which was only one paragraph long, and to "discuss the issue openly" with "depth" in her opinion.

"And wouldn't we have been better off if the case had been handled in that fashion?" he continued.

"Sir, no. I didn't show a lack of courage," Sotomayor shot back. "The court's decision was clear in both instances on the basis for the decision it was a thorough, complete discussion of the issues as presented to the district court. The circuit court's ruling was clear in both instances. No, I did not lack courage."

In his testimony, Vargas said he's proud of the Puerto Rican heritage he shares with Sotomayor and congratulated her on her nomination, but expressed his strong disagreement with her decision in the case.

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Noting that he prepared extensively for the promotion exam for months, he said, "I was shocked when I was not rewarded for this hard work and sacrifice. But I actually was penalized for it."

"I became not Ben Vargas, the fire lieutenant who proved himself qualified to be captain, but a racial statistic."

Saying that Justice Samuel Alito, who voted to overturn Sotomayor's decision, "best captured our own feelings" in the case, Vargas said, "We did not ask for sympathy or empathy. We asked only for even-handed enforcement of the law and prior to the majority Justice opinion in our case, we were denied just that."

The case bears the name of Frank Ricci, another New Haven firefighter who testified alongside Vargas today. Ricci said he appreciated the invitation by Republican Senators to tell their story.

"The price of democracy is vigilance and to be willing to participate," Ricci said.

"This is America. If we keep going forward, the process will work," he added, recalling discussions with the others who joined the lawsuit and their lawyers during the arduous legal battle. But Ricci said the process was worthwhile, calling it "an unbelievable civics lesson, that if you participate in democracy, that's how it all works."