Yesterday’s Supreme Court opinion in Ricci, the New Haven firefighters case, provides a window to what will inevitably be a significant line of questioning in Judge Sotomayor’s confirmation hearings. After all, Judge Sotomayor not only reached the wrong decision in this case, allowing overt racial discrimination in protection of what were essentially soft racial quotas, but she did so in a dismissive one-paragraph opinion which seemed calculated to bury the case from future review. Both her dismissive treatment of important rights in this and a prominent Second Amendment case, and the apparent bias that these cases display will likely be fertile ground for questions in her confirmation hearings.

In response to the Supreme Court’s opinion, defenders of Sotomayor have attempted to paint her opinion as one showing that she is not an activist. White House spokesman Robert Gibbs said: “Some of the very concerns that members of the Senate have expressed about judicial activism seem to be, at the very least, upside down in this case. Her ruling on the Second Circuit denotes that she’s a follower of precedent[.]”

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