Sotomayor v GOP: The Defense Rests

June 1, 2009 at 7:41 am | Posted in Uncategorized | Leave a comment
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Scotusblog‘s analysis of race-related cases decided by Sotomayor was everywhere this weekend, but I thought it was worth posting here because the numbers basically obliterate the Republican claim that Sotomayor is a “racist” :

Other than Ricci, Judge Sotomayor has decided 96 race-related cases while on the court of appeals. 

Of the 96 cases, Judge Sotomayor and the panel rejected the claim of discrimination roughly 78 times and agreed with the claim of discrimination 10 times; the remaining 8 involved other kinds of claims or dispositions.  Of the 10 cases favoring claims of discrimination, 9 were unanimous.  (Many, by the way, were procedural victories rather than judgments that discrimination had occurred.)  Of those 9, in 7, the unanimous panel included at least one Republican-appointed judge.  In the one divided panel opinion, the dissent’s point dealt only with the technical question of whether the criminal defendant in that case had forfeited his challenge to the jury selection in his case.  So Judge Sotomayor rejected discrimination-related claims by a margin of roughly 8 to 1…

Given that record, it seems absurd to say that Judge Sotomayor allows race to infect her decisionmaking.

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