Trouble in court for Obama nominee
The Age
Wednesday July 1, 2009
JUST as Judge Sonia Sotomayor prepares to face the US Senate Judiciary Committee for a confirmation hearing, the Supreme Court, which she hopes to join, has reversed one of her most high-profile decisions.On Monday, the Supreme Court issued a judgment in the New Haven firefighters' case. Eighteen white firefighters and one Hispanic brought the case, saying they were denied promotions because their employer scrapped the promotion test after African-Americans failed to pass it.The firefighters alleged discrimination on the basis of race.They had been unsuccessful in the Second Circuit Appeals Court, where Justice Sotomayor was part of the majority.But the Supreme Court, in a 5- 4 decision, ruled in their favour, in what is now seen as a rebuke for the new justice.Justice Anthony Kennedy who sided with the conservative justices, and wrote the majority decision said: "The city rejected the test results solely because the higher scoring candidates were white." He said the possibility of a lawsuit from minority firefighters was not a lawful justification for the city's action."Fear of litigation alone," he wrote, "cannot justify an employer's reliance on race to the detriment of individuals who passed the examinations and qualified for promotions."While the decision makes significant new law, the immediate impact could be on Justice Sotomayor's confirmation process.After an initial backlash from some conservative commentators, who accused her of being a judicial activist, Republican senators appeared to generally accept the President's choice, noting that the appointment of the first judge from a Hispanic-background had gone down well in the electorate.But Monday's ruling has sparked new concern from Republicans and conservatives about what they see as her judicial activism."This case will only raise more questions in the minds of the American people concerning Judge Sotomayor's commitment to treat each individual fairly and not as a member of a group," said Senator Jeff Sessions of Alabama, the ranking Republican on the Judiciary Committee.Tony Perkins, of the conservative Family Research Council, said: "The President's nominee not only turned her back on the Civil Rights Act but also on the US constitution, which guarantees equal protection under the law. To many, this case confirms Sotomayor's penchant for judicial activism."Justice Sotomayor's long record on the appeals court, her background as a prosecutor, corporate lawyer and judge, and the fact she has been confirmed twice before means she is likely to win confirmation following the July hearings.But the firefighter case might well set the tone for her interaction with the Supreme Court's four conservative judges before she is even sworn in.
© 2009 The Age
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