Supremes overrule their new colleague in New Haven firefighters discrimination case.
(Thanks to Krazy Kat for link)
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For What It’s Worth · Greenwich, Connecticut real estate, politics, etc.
All nine Justices, even the four who agreed with her on the merits, said that Sotormayor was wrong to try to sweep this issue under the rug with a summary judgement. Can anyone say, “Outside the mainstream?”
Turns out the Wise Latina racist, is just latina and racist.
How is it possible to belong to a militant racist separatist organization (La Raza) which actively advocates for secession from the US in order to create a racist Hispanic-only state, and then be nominated to the SCOTUS?
Oh, for heaven’s sake, Chris, as a lawyer you know that the Supremes reverse appellate decisions more than half the time.
I have to go back and check my facts…but I think Alito was reversed shortly before he was confirmed.
Let’s not fan the flames of ignorance here and make this sound like an unusual event. Can’t we leave that sort of thing to Fox News?
It’s not that she was overruled, Info – you’re quite right, it happens all the time. And you wouldn’t expect any court, Supreme or not, to decide a case based on whether the judge whose decision it was considering would soon be joing it, but the timing is amusing. The real issue is that she granted summary judgment while conceding that a jury might decide otherwise. Summary judgment cannot be granted if there is an outstanding question of fact and it is juries, not judges, who decide facts. Sotomayor went with her sympathies here and rammed a decision through based on her wise, Latino Mamma feelings, rather than the law. Even her mentor, Judge Jose Cabrones, took her to task for this one.
I think the Circuit judges all knew, regardless of which way it was decided, that this case would get to the Supremes. They punted.