Thoughts, essays, and writings on Liberty. Written by the heirs of Patrick Henry.

“Every government is a parliament of whores. The trouble is, in a democracy, the whores are us.”     P. J O'Rourke

May 28, 2009

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

by Stephen Littau

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.

From Ricci v. DeStefano, UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT

“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.

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4 Comments

  1. Oh you wouldn’t understand. You (not just you but also people like Thomas Sowell – go figure) obviously just haven’t had her richness of experience. I guess you’re just not as wise.

    But don’t worry. She’ll reach “better conclusions.” With empathy too. Lots of it.

    Comment by southernjames — May 29, 2009 @ 6:09 am
  2. Sotomayer is a racist, as are all members of the treasonous La Raza -by definition- who advocate a “Re Conquista” of the SW United States and who’s motto is “For our race everything- for others, nothing”.

    Clearly Eric Holder has some racial hangups and agenda too… as does Obama, since his behavior betrays a wierd pro-Kenyan grudge against the British… and he’s the one who nominated all these kooks.

    What happened to the idea of a colorblind society? These three define their world in racial terms all the time- and unlike any white people I know.
    I wouldn’t want to be judged by any of them after what I’ve heard come out of their own mouths- they sound like Jesse Jackson.

    If Obama is going to go on with his “justice” agenda largely based upon race- the double standards need to stop, and NOW.

    Comment by Reaganite Republican Resistance — May 29, 2009 @ 6:14 am
  3. It is too late, RRR. Elections have consequences.

    “What happened to the idea of a colorblind society?” That idea is dead. It’s all about racial identity politics now.

    Comment by southernjames — May 29, 2009 @ 7:41 am
  4. [...] we want Judges and Justices to decide matters of law with empathy rather than the law and the facts, this is exactly the kind of “justice” we should come to [...]

    Pingback by The Liberty Papers »Blog Archive » Sonia Sotomayor: Endorsed by The Badge Worshippers and Law Enforcement Bootlickers of America — June 4, 2009 @ 6:15 pm

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