By John W. Lillpop
Adding powerful credibility to the notion that Sonia Sotomayor is unqualified to serve on the highest court in the land, the SCOTUS today reversed a decision that Sotomayor endorsed as an appeals court judge.
Significantly, the case involves race, an issue on which Sotomayor has made decidedly anti-Caucasian remarks in the past.
As reported in the Mercury News, in part:
"WASHINGTON — The Supreme Court ruled today that white firefighters in New Haven, Conn., were unfairly denied promotions because of their race, reversing a decision that high court nominee Sonia Sotomayor endorsed as an appeals court judge.
"New Haven was wrong to scrap a promotion exam because no African-Americans and only two Hispanic firefighters were likely to be made lieutenants or captains based on the results, the court said Monday in a 5-4 decision. The city said that it had acted to avoid a lawsuit from minorities.
"The ruling could alter employment practices nationwide, potentially limiting the circumstances in which employers can be held liable for decisions when there is no evidence of intentional discrimination against minorities.
"Fear of litigation alone cannot justify an employer's reliance on race to the detriment of individuals whom passed the examinations and qualified for promotions," Justice Anthony Kennedy said in his opinion for the court. He was joined by Chief Justice John Roberts and Justices Samuel Alito, Antonin Scalia and Clarence Thomas. "
Given this latest reversal (Sotomayor has a history of being reversed by the SCOTUS), President Obama must act to restore credibility to the nominating process.
Nominations to the Supreme Court should NOT be used as thinly disguised program of affirmative action. Nor should the process be used in an attempt to troll for Hispanic votes or any other demographic group with large numbers of voters.
President Obama should immediately withdraw Sotomayor's name from consideration and begin his search anew.
This time, Mr. President, look for the candidate who understands and respects the Constitution and whom is the most qualified, based on objective evidence, not the judge's gender or ethnicity!