Thursday, July 16, 2009
Baton Rouge, Louisiana
SOTOMAYOR DOES NOT PASS THE FAIRNESS TEST
“Elections have consequences.” These were the words of South Carolina Senator Lindsey Graham, as he questioned Judge Sonia Sotomayor on the first day of her Supreme Court confirmation hearings. “Republicans lost the November election and President Obama won. And that ought to matter.” Graham has hoisted the white flag of Republican surrender. No real fight to oppose the Sotomayor nomination. But are Republican Senators asking the right questions?
The new nominee profiles in lock step with the current court member she hopes to replace, Justice David Souter. But there are both questions and disturbing decisions that any senator, Democrat and Republican alike should both investigate and question. We are talking about a lifetime appointment, and this will be the one and only chance to delve into the mind of a Judge who can and will shape public policy that affects every citizen for many years to come.
There has been much written about the New Haven decision where a three judge court, that included Sotomayor, rejected the appeal of white firefighters who contended they were victims of racial discrimination when they were denied promotions. And you would have to be completely callas not to feel sympathy for firefighter Frank Ricci. He studied for over a year to pass the city’s promotion exam, hiring as tutor and using flash cards for practice to overcome his dyslexia. He was one of several firefighters who scored high, but was denied the promotion because too many of the highest-scoring test takers turned out to be white like Ricci. Just last week, the US Supreme Court overturned the Sotomayor decision, saying the city violated federal civil rights law.
Sotomayor’s actions are disturbing on two levels. It was not just that the decision was wrong. There was no reasoning. No explanation. Continue reading “Speaking of Judicial Fitness: Jim Brown gives Sonia Sotomayor 2 Big Thumbs Down”