Does Sonia Sotomayor Believe that Some Individuals are More Equal than Others?

Perhaps we could chalk up President Obama’s SCOTUS nominee Sonia Sotomayor’s racially charged statement as a Bidenesque blunder if she had not made rulings as a judge which suggests that she does believe that some individuals are more equal than others. Ricci v. DeStefano is a case-in-point. Sotomayor joined the Second Circuit’s majority which concluded that Frank Ricci (a dyslexic white male) was not a victim of discrimination by the City of New Haven.


“We affirm, substantially for the reasons stated in the thorough, thoughtful, and well-reasoned opinion of the court below. In this case, the Civil Service Board found itself in the unfortunate position of having no good alternatives. We are not unsympathetic to the plaintiffs’ expression of frustration. Mr. Ricci, for example, who is dyslexic, made intensive efforts that appear to have resulted in his scoring highly on one of the exams, only to have it invalidated. But it simply does not follow that he has a viable Title VII claim. To the contrary, because the Board, in refusing to validate the exams, was simply trying to fulfill its obligations under Title VII when confronted with test results that had a disproportionate racial impact, its actions were protected.”

Dissenting Judge Jose A. Cabranes (appointed by President Bill Clinton for what its worth) criticized the majority for failing to address the complex legal issues surrounding racial quotas in a meaningful way stating that the issues raised by Ricci were “far from well-settled.”

So where does this leave Sotomayor on Obama’s empathy test? Where is her empathy for a man, Mr. Ricci, who overcame his disabilities to pass the test which others (who did not have a disability) failed? Might Sotomayor ruled differently if the races were reversed? These are questions which deserve serious answers.

Fortunately for Mr. Ricci, his case will be decided by a Supreme Court which does not include Sonia Sotomayor among the Justices.