Media uncritically repeat claim that New Haven firefighters case shows Sotomayor is an activist

[Are_grits_groceries]

SUMMARY: The media have echoed conservatives' claim that Sonia Sotomayor's position in Ricci v. DeStefano shows that she is an "activist" judge. In fact, Sotomayor agreed with four of her 2nd Circuit colleagues that precedent compelled the decision in the case.

In the wake of Sonia Sotomayor's nomination as a Supreme Court justice, media have echoed conservatives' claim that her position in the New Haven firefighters case, Ricci v. DeStefano, shows that she is an "activist" judge. For example, Keith Perine wrote in a May 26 Congressional Quarterly Today article that Judicial Confirmation Network counsel Wendy Long said Sotomayor "has an extremely high rate of her decisions being reversed, indicating that she is far more of a liberal activist than even the current liberal activist Supreme Court." Perine then reported that Long "pointed to Sotomayor's participation in a 2nd Circuit discrimination case, Ricci v. DeStefano, in which a group of white New Haven, Conn., firefighters alleged they were unfairly denied promotions."

In fact, Sotomayor agreed with four of her 2nd U.S. Circuit Court of Appeals colleagues that precedent compelled the decision in the case. Moreover, contrary to Long's suggestion that Sotomayor's decision shows that she is "far more of a liberal activist than even the current liberal activist Supreme Court," Justice David Souter -- whom Sotomayor would replace -- made comments during oral argument that were supportive of the position taken by the 2nd Circuit in the case, asking counsel for the firefighters: "Why isn't the most reasonable reading of this set of facts a reading which is consistent with giving the city an opportunity, assuming good faith, to start again? ... sn't that the only way to avoid the damned if you do, damned if you don't situation?"

http://mediamatters.org/research/200905260068

She ruled for precedent. That's what her detractors supposedly want. Someone who will follow precedent and not make new arguments. Her opinion in this case isn't the wild-eyed ruling that they make it out to be.

[ejpoeta]

1. i've come to discover that 'activist' merely means that someone doesn't judge

things the way that they want it judged. so, someone throwing out a test is an 'activist judge'.... it really is ludicrous.