Monday :: Jun 29, 2009

Sotomayor: Another Right Wing Argument Shot Down


by Turkana

Gasbag critics of the president's nomination of Judge Sonia Sotomayor to the Supreme Court have been typically desperate in their attempts to find a rationale for their knee-jerk gasbaggery. One of the very few has been Sotomayor's ruling in the Ricci case, which those gasbag critics say proves her outside the judicial mainstream. The Supreme Court's decision, today, overturning Sotomayor's Appeals Court ruling, should give that criticism new life, right? Well, maybe not. As explained by Glenn Greenwald, in terms simple enough that even those gasbag critics ought to be able to understand:

In light of today's ruling, it's a bit difficult -- actually, impossible -- for a rational person to argue that Sotomayor's Ricci decision places her outside the judicial mainstream when: (a) she was affirming the decision of the federal district court judge; (b) she was joined in her decision by the two other Second Circuit judges who, along with her, comprised a unanimous panel; (c) a majority of Second Circuit judges refused to reverse that panel's ruling; and now: (d) four out of the nine Supreme Court Justices -- including the ones she is to replace -- agree with her.

Put another way, 11 out of the 21 federal judges to rule on Ricci ruled as Sotomayor did.  It's perfectly reasonable to argue that she ruled erroneously, but it's definitively unreasonable to claim that her Ricci ruling places her on some sort of judicial fringe.

As for counteracting the ramifications of today's ruling, Big Tent Democrat says the Obama Administration can play a very valuable role.

Turkana :: 5:45 PM :: Comments (7) :: Digg It!