When President Obama first nominated Judge Sotomayor as Justice Souter’s replacement conservatives howled to the moon about her fringe judicial tendencies, her reliance on empathy to make legal decisions, and her refusal to accept legal precedent. In order to prove many of these points conservatives pointed to Sotomayor’s “radical” ruilling in Ricci v DeStefano were the city of New Haven threw out a promotions test after they concluded that the test was biased against minorities.
FRINGE OF THE JUDICIAL SPECTURM!
Well yesterday the Supreme Court ruled on Ricci overturning it 5-4, split among ideology lines. But the delicious irony in the ruiling is that it ignores the long standing legal precedent applied by the majority of judges in favor of their empathetic judicial activism. In other words, Conservatives on the Supreme Court would up doing everything conservative politicians frequently accused Sotomayor, and other liberals, of doing. But in reality it was Sotomayor who followed precedent and ruled along with the mainstream.
Yay, legislating from the bench!
But hey, don’t hate on the democrat? Ramesh Ponnuru said the same thing today.
ALSO: read Glen Greenwald’s amazing Salon article on Ricci here!