So How Did Sotomayor Rule in Race-Related Cases?
Tom Goldstein at his Scotusblog says he’s “in the midst of reviewing every single race-related case on which she [Sonia Sotomayor] sat on the Second Circuit. There are roughly 100. They cover the gamut from employment discrimination to racial bias in jury selection. I decided that I would stop and write an interim report once I got through her 50 most recent race-related cases other than Ricci because the numbers are sufficiently striking and decisive.”
Goldstein says that the three-judge panel on which Sotomayor sat accepted the claim of race discrimination in three out of 50 cases — and in all three cases, the panel, which included a Republican appointee, was unanimous. In roughly 45, Goldstein writes, the claim of race discrimination was rejected with Sotomayor voting to reject.
“On the other hand, she twice was on panels reversing district court decisions agreeing with race-related claims — i.e., reversing a finding of impermissible race-based decisions. Both were criminal cases involving jury selection. … It seems to me that these numbers decisively disprove the claim that she decides cases with any sort of racial bias.”
-jpt
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These are the sort of facts needed to judge her. Now Republicans are looking awfully stupid for ranting about her being “racist.” They should have been attacking her for being liberal from day one. A charge I think the public has little sympathy for, but it’s better than the pathetic spectacle of the party of rich white men falsely yelling racism.
Posted by: jhw539 | May 29, 2009, 7:50 pm 7:50 pm
Well, well, well. The more her record comes out and her decisions are looked at, the more the Republicans look silly. This is what they should be judging her on. Not a sound bite, that when taken as a whole is true. What I find sad is they cry racism and they are the one employing a double standard. It’s ok for Justice Alito and Scalia to say something but heavens, a Latina said it, she’s racist! Please..
Posted by: Try the truth | May 29, 2009, 8:08 pm 8:08 pm
What I find sad is they cry racism and they are the one employing a double standard. It’s ok for Justice Alito and Scalia to say something but heavens, a Latina said it, she’s racist! Please..
Posted by: Try the truth
——————————–
What are you talking about? Are you saying that Alito and Scalia have made racist statements?
Posted by: Foghorn Leghorn | May 29, 2009, 8:37 pm 8:37 pm
Foghorn Leghorn – No Justices Scalia and Alito did not. I should have been clearer. Justice Alito spoke about how his families immigration and the things they had gone through impacted his decisions. If you read Judge Sotomayor’s full comment she is saying the same thing. Justice Scalia, said that law is made in the courts. The double standard comes from Newt and Company. Sorry that wasn’t clear the first time.
Posted by: Try the truth | May 29, 2009, 9:14 pm 9:14 pm
“I decided that I would stop and write an interim report once I got through her 50 most recent race-related cases other than Ricci…”
From Charles Krauthammer’s The case: Sotomayor vs. Ricci-
Sonia Sotomayor has a classic American story. So does Frank Ricci.
Ricci is a New Haven firefighter stationed seven blocks from where Sotomayor went to law school (Yale). Raised in blue-collar Wallingford, Conn., Ricci struggled as a C and D student in public schools ill-prepared to address his serious learning disabilities. Nonetheless he persevered, becoming a junior firefighter and Connecticut’s youngest certified EMT.
After studying fire science at a community college, he became a New Haven “truckie,” the guy who puts up ladders and breaks holes in burning buildings. When his department announced exams for promotions, he spent $1,000 on books, quit his second job so he could study eight to 13 hours a day, and, because of his dyslexia, hired someone to read him the material.
He placed sixth on the lieutenant’s exam, which qualified him for promotion. Except that the exams were thrown out by the city, and all promotions denied, because no blacks had scored high enough to be promoted.
Ricci (with 19 others) sued.
That’s where these two American stories intersect. Sotomayor was a member of the three-member Circuit Court panel that upheld the dismissal of his case, thus denying Ricci his promotion.
Posted by: Skittles | May 29, 2009, 9:27 pm 9:27 pm
What matters is if her decision is swayed by someone’s outside appearance vs. content of the matters at hand. No decision should ever be based on appearance or skin color.
Posted by: sfh | May 29, 2009, 9:39 pm 9:39 pm
Skittles:So you want to cherry pick a single case, carefully parse what you give out about it, and judge her solely on that? I never knew “conservatives” were so vehmently in favor of the federal government stepping in and using Title VII powers to force the compliance of local authorities (Sotomayor joined with the majority in deciding the locals could be left to do their jobs in this case).
And there is still the chance of tragic Ricci getting his promotion – ALL the exams were thrown out. If he did well on the orals, he is still firmly in line for an eventual promotion. And that “all promotions denied” line is a bit of dramatic exageration, to be expected from the right wing at this point – no specific promotion was up for grabs, it was setting the list from which promotions would be awarded in the future.
Posted by: jhw539 | May 29, 2009, 9:44 pm 9:44 pm
sfh:”What matters is if her decision is swayed by someone’s outside appearance vs. content of the matters at hand. No decision should ever be based on appearance or skin color.”
What does that even mean? What does that have to do with the blog post, which contains factual data strongly suggesting that she is not swayed by skin color?
Posted by: jhw539 | May 29, 2009, 9:56 pm 9:56 pm
Sotomayor was a member of the three-member Circuit Court panel that upheld the dismissal of his case, thus denying Ricci his promotion.
Posted by: Skittles
not being a lawyer, and trying to understand this myself what I heard a few legal experts say: that Sotomayor ‘judged’ that the city was not breaking the established current law applicable to the case…….. so she wasn’t deciding anything on race and she wasn’t being ‘activist’, she did what everyone says a judge should do, uphold the current law.
Posted by: Who Knows | May 30, 2009, 1:31 am 1:31 am
She rejected 45 of 50 claims of racial bias? Seems like Republicans should love her.
For all the cries of “racist” from guys like Limbaugh and Gingrich, they rely on one sentence from a speech given years ago and nothing about her rulings as a Federal judge for 11 years.
A bunch of old white men screaming racist at a minority female is a very unappealing sight to most Americans. But then, the Republicans don’t even seem to have any common sense anymore. It’s all about the white Southern base these days.
Posted by: Pug | May 30, 2009, 11:37 am 11:37 am
Hmmmmmm, I confused. Based on the “concerns” Obama had on Justices Roberts and Alito, so much so he voted to filibuster Alito and against confirmation on both, it seems like this record of Ms. Sotomayor would be especially troublesome him.
Posted by: jennifert7 | May 30, 2009, 2:12 pm 2:12 pm
it seems like this record of Ms. Sotomayor would be especially troublesome him.
Posted by: jennifert7
how so?
Posted by: JT | May 30, 2009, 2:19 pm 2:19 pm
How so? Because of Obama’s statement on why he voted against Roberts:
In a Senate speech, Obama said the decision to vote against Roberts “was not an easy one for me to make.” He said he was impressed with Roberts when the two met, but found that he seemed to side with “those who were dismissive of efforts to eradicate the remnants of racial discrimination in our political process.” He added that Roberts “seemed dismissive of the concerns that it’s harder making it in this world and in this economy when you’re a woman rather than a man.”
And then this on Alito:
“I have no doubt that Judge Alito has the training and qualifications necessary to serve,” Obama said in a January 2006 speech in the Senate chamber. But he said he was “deeply troubled” because Alito as a federal judge “consistently sides on behalf of the powerful against the powerless; on behalf of a strong government or corporation against upholding American’s individual rights.”
As a presidential candidate, Obama continued to stress the plight of people who lacked advantages when dealing with powerful people and institutions.
In November 2007, he said the Supreme Court should “protect people who may be vulnerable in the political process: the outsider, the minority, those who are vulnerable, those who don’t have a lot of clout.”
Posted by: jennifert7 | May 30, 2009, 2:33 pm 2:33 pm