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Noonan: Can We Play 'Grown-Up' Now?

415
doubter44445/29/2009 8:51:51 pm PDT

re: #235 TheQuis

Everyone keeps bringing up the Ricci case and saying she was racially biased because of her ruling against the 19 firefighters. Three of those firefighters she rule AGAINST were Latino. With Sotomayer being Latina, if she were creating a ruling with her racial prejudices aside wouldn’t she rule FOR her Latino Brethren?

re: #244 jaunte

Now you’re going to confuse someone.

I’m not completely sure, but (from what I read) I think her decision turned on the rule of law tying her hand on allowing to have him (the firefighter) instated… that she was upholding the precedent, and not really re-interpreting the law, rather she applied it as it as she though necessary in this specific case. In fact I think the crux of the argument at the court is exactly that: The underlining points of the legislation were unconstitutional; therefore needs to be revised. Her upholding in that case would be the opposite of judicial activism, not to mention that as stated above, several of the negged passing firefighters were hispanic, so being racist seems a bit of stretch in the case.
Just an opinion.