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...office of Manhattan district attorney Robert Morgenthau, where she prosecuted everything from petty drug crimes to felony assaults and murder. No less than her background in the projects, her experience pressing criminal cases may have affected her outlook years later on the bench. One case she presided over, U.S. v. Falso, seemed likely to go against police who had charged a man with possessing child pornography after they entered his house on a wrongly issued search warrant. Instead, Sotomayor ruled in favor of the officers. "It wasn't just a pro-prosecutor bias," says Carter. "It was her understanding...
...Sotomayor's involvement in an affirmative-action case last year is the episode attracting the most attention. The case, Ricci v. DeStefano, involves a group of 18 white firefighters, including one Hispanic. They filed a discrimination suit against the city of New Haven, Conn., after the city decided in 2004 not to certify the results of a job-promotion exam because no African Americans had scored high enough to be promoted. The city argued that federal law treats tests resulting in such outcomes as suspect, meaning that New Haven would probably have been sued by the minorities who failed...
...threw out the case, Sotomayor said, "The Supreme Court has made clear that the government is free to favor the antiabortion position over the pro-choice position, and can do so with public funds." But that case didn't require Sotomayor to comment on the fundamental premise of Roe v. Wade - that the Constitution provides a right to abortion. Nothing has come to light so far in her rulings from the bench that give any clue as to whether she thinks Roe was correctly decided...
...Sotomayor's involvement in an affirmative-action case last year will probably attract the most attention in weeks to come. The case, Ricci v. DeStefano, involves a group of white firefighters, including one Hispanic. The group filed a discrimination suit against the city of New Haven, Conn., after the city decided not to certify the results of a job-promotion exam because no African Americans had scored high enough to be promoted. A lower court decided in favor of the city. In February 2008, Sotomayor was part of a three-judge panel that upheld the lower court's decision. Four...
...case, Sotomayor wrote, "The Supreme Court has made clear that the government is free to favor the anti-abortion position over the pro-choice position, and can do so with public funds." But that case didn't require Sotomayor to comment on the fundamental premise of Roe v. Wade, that the Constitution provides a right to abortion...