Word: goldstein
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...guard who passed an infant through an X-ray scanner - and a pervasive indifference toward training and certification by the FPS, which protects about 9,000 federal facilities across the country (not including the most important buildings, such as the Capitol and White House). As the GAO's Mark Goldstein told lawmakers recently, "I think we would be able to say that FPS is simply an agency in crisis." (Watch a video of the homeland security tradeshow...
...Justice Anthony Kennedy's majority opinion agreed that the firefighters had suffered discrimination but took a softer tone, avoiding direct criticism of Sotomayor and her colleagues. "I found the Kennedy opinion really consciously restrained," says Tom Goldstein, co-chair of the Supreme Court practice at Akin Gump. "He pulled back in order to minimize the way this case focuses on her." Chief Justice John Roberts, who Goldstein says "has a real interest in depoliticizing the court," joined with Kennedy. (Watch TIME's video "Sonia Sotomayor: Bronx (and Baseball) Role Model...
...will Sotomayor sway Kennedy? Goldstein is skeptical when it comes to discrimination issues, pointing out that Kennedy has never sided against the government in a discrimination case. And Sotomayor will not be the only minority member on the court. "Justice Thomas gives him cover to be against affirmative action, and he has been," says the former Kennedy clerk. (See the top 10 Supreme Court nomination battles...
...Still, the lengths to which Kennedy appears to have gone to be gentle on Sotomayor seem to open the possibility of his being open to her influence. Goldstein says, "Her stories and personal experience will matter," if not on discrimination, then elsewhere...
...Sotomayor's defenders say that those words were taken out of context and that her appellate opinions are hardly radical on race. Tom Goldstein of SCOTUS Blog has estimated that of the 96 race-related cases other than Ricci she heard on the Court of Appeals, "Judge Sotomayor rejected discrimination-related claims by a [ratio] of roughly 8 to 1." (See the top 10 Supreme Court nomination battles...