Word: sotomayor
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...Despondent Republican staffers privately concede that Sotomayor's long record on the Second Circuit Court of Appeals; her background as a prosecutor, corporate lawyer and judge; and the political danger of attacking a Hispanic nominee make President Barack Obama's first pick for the court all but a shoo-in when confirmation hearings begin on July 13. But members of the Supreme Court bar and clerks who have worked there say the opinion in the Ricci case (named for one of the New Haven firefighters who brought the lawsuit) offers an advance look at Sotomayor's future relations with conservative...
...Latina Justice, Sotomayor could have a more powerful voice on issues of discrimination, Amar suggests. And the Ricci case provides a first exchange between Obama's nominee and her future colleagues on a discrimination issue. In the ruling on Monday, the court's five conservatives overturned the decision Sotomayor helped author while on the Second Circuit. That lower court had decided not to hear allegations of reverse discrimination brought by firefighters who claimed the city of New Haven had violated their civil rights by throwing out promotion-test results because no black candidates had passed. (See pictures of Judge Sonia...
...overturning Sotomayor's ruling, the high court's conservatives split in tone. In a concurring opinion joined by Justices Thomas and Scalia, Justice Samuel Alito criticized the Second Circuit, saying the claims by Ricci and the other firefighters were never sufficiently considered by the lower courts and that those courts had therefore denied them "evenhanded enforcement...
...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...
...Sotomayor is confirmed, her relationship with Kennedy will be crucial. He holds the swing vote on the court, usually siding with the conservative bloc but sometimes voting with the liberals. Former clerks describe Kennedy as particularly open to the influence of people with whom he interacts. "He likes personal stories and is affected by them," says one former Kennedy clerk. "And he's affected by his relations with people...