Saturday, May 30, 2009

A Decent Article on Sotomayor

There has been a lot of hand-wringing on the right about Sonia Sotomayor, claiming that she is a judicial activist and a racist. Daniel Larison from the American Conservative handily refutes these charges.

Glenn shares his experience.

Also, some of the quotes gettingthe right so flustered express sentiments voiced by two of their SCOTUS darlings, Alito and Scalia.

Update: Tom Goldstein over at SCOTUSblog examines Sotomayor's record on racial discrimination cases:

Of the 96 cases, Judge Sotomayor and the panel rejected the claim of discrimination roughly 78 times and agreed with the claim of discrimination 10 times; the remaining 8 involved other kinds of claims or dispositions. Of the 10 cases favoring claims of discrimination, 9 were unanimous. (Many, by the way, were procedural victories rather than judgments that discrimination had occurred.) Of those 9, in 7, the unanimous panel included at least one Republican-appointed judge. In the one divided panel opinion, the dissent’s point dealt only with the technical question of whether the criminal defendant in that case had forfeited his challenge to the jury selection in his case. So Judge Sotomayor rejected discrimination-related claims by a margin of roughly 8 to 1.