The U.S. Supreme Court yesterday overruled the ruling joined by
Judge Sonia Sotomayor that allowed the City of New Haven to
discriminate against white firefighters. Unfortunately,
that isn't likely to stop her nomination. After all, with a
current Senate majority of 19, the appointment fight is for the
Democrats to lose. Nevertheless, the decision offers an
important talking point against her appointment.
Reports the Washington Post:
As reactions broke along the partisan lines seen yesterday on
the Supreme Court itself, conservatives called the decision a
repudiation of Sotomayor. They signaled they will use it to
sharply question her about her views on discrimination,
especially in conjunction with her 2001 remark that a "wise
Latina woman" would usually decide cases better than a white
man.
"Every citizen has a right to have his or her case heard by a
judge who will rule on the laws, the facts and the Constitution
-- and not play favorites," said Sen.
Jeff Sessions (Ala.), the ranking Republican on the
Judiciary Committee. "This case sharpens our focus on Judge
Sotomayor's troubling speeches and writings, which indicate the
opposite belief: that personal experiences and political views
should influence a judge's decision."
Although the GOP can't stop the Sotomayor nomination, it should
use the battle as an opportunity to educate the public on the
importance of choosing responsible jurists who don't believe in
enshrining their own views or experiences as the nation's basic
law. After all, even white males should enjoy the
protection of the Constitution.
About the Author
Doug Bandow is a Senior Fellow at the Cato Institute and the Senior Fellow in International Religious Persecution at the Institute on Religion and Public Policy. A former Special Assistant to President Ronald Reagan, he is author of Beyond Good Intentions: A Biblical View of Politics (Crossway).