SCOTUS Ruling Reversing Decision From Sotomayor's Court Not Expected To Affect Nomination

Main Category: Litigation / Medical Malpractice
Also Included In: Women's Health / Gynecology
Article Date: 01 Jul 2009 - 3:00 PDT

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The Supreme Court's 5-4 reversal of a decision endorsed by a three-judge appellate panel that included Supreme Court nominee Sonia Sotomayor is attracting criticism from the judge's conservative opponents but is not expected to have a significant effect on delaying her confirmation, the Washington Post reports. The appellate panel in 2008 upheld New Haven, Conn.'s decision to discard a promotion test for firefighters after no blacks and only two Hispanics qualified for advancement after taking the test (Markon/Kane, Washington Post, 6/30). The panel's ruling affirmed a lower court's decision that the city had a right to discard the test based on a segment of civil rights law involving actions that have a "disparate impact" on minorities. A group of white and Hispanic firefighters who would have received promotions under the test sued, alleging reverse discrimination.

Democrats and legal analysts said that Sotomayor was following legal precedent in the 2008 ruling and that it was the Supreme Court, which has the ability to exercise more discretion, that chose to make law by reversing the decision (Friedman, CongressDaily, 6/29). The Supreme Court typically reverses about 75% of the cases it reviews, according to legal experts. The court previously has reversed four of Sotomayor's rulings and upheld three of her decisions, the Post reports.

Tom Goldstein, a lawyer and founder of the SCOTUSblog Web site, said, "I don't think it will persuade anybody who is inclined one way or another to change their views about Sotomayor" (Washington Post, 6/30). Sen. Charles Schumer (D-N.Y.), a member of the Senate Judiciary Committee, said, "The main charge against Sotomayor is that she will be an activist judge, but this decision clearly shows that she won't." He said that the results of the case "won't change things a wit," adding that "in fact, it bolsters (the claim) that she is mainstream" (CongressDaily, 6/29). Sen. Jeff Sessions (R-Ala.), the ranking Republican on the Senate Judiciary Committee, said the New Haven case "sharpens our focus on [Sotomayor's] troubling speeches and writings" that "indicate ... that personal experiences and political views should influence a judge's decisions." He added that the issue "will clearly be the subject of questioning" at Sotomayor's confirmation hearing, which is scheduled to begin on Monday (Phillips, "The Caucus," New York Times, 6/29).

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