Anybody have thoughts about whether, or how, the Supreme Court's decision in the Ricci case will affect the confirmation of nominee Sonia Sotomayor? SCOTUSBLOG's Tom Goldstein doesn't think that the Court's 5-4 reversal of the Second Circuit's ruling will be a deal-breaker, nor does Salon's Glenn Greenwald, though others disagree. (Here is a great roundup of commentary on the Ricci ruling from various sources -- left, right, and otherwise.)
Perhaps more to the point, should it affect her confirmation?
Thursday, July 2, 2009
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I do not think the overturned decision will be fatal, I think she will be confirmed, and I think she is a bad choice. While a very general supporter of affirmative action as a general concept, the Ricci case was just bad law. It is the worse face of affirmative action and feeds into the conservative hatred of anything that smells of affirmative action. What is interesting is that this is not the first case where she was overturned. Before this case, 3 of 5 of her cases were overturned. I found this Newsweek "Fact Check" article (http://www.newsweek.com/id/199955) While the number is small, the percentage is quite high. Yes, all of us research methods geeks will debate the baserate (total opinions versus total cases heard by the S.C). Regardless, the 3 (now 4) opinions overturned aint' a very good batting average to me! In the end, she will be confirmed. She is technically “qualified” to be a U.S.S.C justice. I hope that conservatives, unlike liberals especially our President, will largely support her because I believe in the President’s prerogative to make a “qualified” appointment. Remember that Obama, after concluding that Roberts met the “qualified” standard, still opposed his nomination. Yet he has never let pesky rules get in the way of his agenda.
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