Tuesday, June 30, 2009

Sotomayor and the Supremes

In the bizarro world that the gelatinous Rush Limbaugh inhabits, the Supreme Court ruled 9-0 that Circuit Judge Sotomayor is a racist.

What a joke.

Title VII discrimination law is a VERY complex area in which the previous Supreme Court precedents on disparate impact were muddled at best. Judge Sotomayor did NOT write the opinion (which admittedly was rather brief given the complexity of the matter and the importance of the case) which 1) AFFIRMED the district court's holding, 2) was consistent with controlling, while murky, precedent, 3) was left undisturbed by the 2nd Circuit sitting en banc (and Rush, that doesn't mean where you go to cash a check) and 4) would have been affirmed by FOUR Supreme Court justices, while the conservatives and Kennedy actually re-wrote the law in their opinion.

The case shows one thing, and one thing only--she is a jurist sitting smack dab in the middle of the American legal mainstream.


Carlos said...

Aren't the Repugnants always pontificating and posturing that SCOTUS Justices shouldn't legislate from the bench?

Gimme an H, gmme a Y ...

I'm Not Ned said...

The Supreme Court reversed Alito's appellate decisions several times.

They even reversed Roberts.

I believe the Supreme's reverse appellate decisions more often than not.

Lula O said...

Ah, are you boys lawyers, or do you just watch a lot of The People's Court?