It’s an unfortunate truth about Washington: Those who decide the great issues of the day seldom see the practical results of their legislative or judicial handiwork. Court decisions almost always involve lofty discussions of constitutional rights, legal theory, and precedent. So it was last year when the Supreme Court upheld the racial discrimination claims filed by 20 white and Hispanic firefighters in Ricci v. Stefano. These firefighters had outscored black firefighters in lieutenant and captain examinations, which prompted the City of New Haven, Conn., to throw out the results and …
Yesterday’s Supreme Court opinion in Ricci, the New Haven firefighters case, provides a window to what will inevitably be a significant line of questioning in Judge Sotomayor’s confirmation hearings. After all, Judge Sotomayor not only reached the wrong decision in this case, allowing overt racial discrimination in protection of what were essentially soft racial quotas, but she did so in a dismissive one-paragraph opinion which seemed calculated to bury the case from future review. Both her dismissive treatment of important rights in this and a prominent Second Amendment case, and …
