Senator Cornyn's Daily Question For Judge Sotomayor - Question 12

Statement

Senator Cornyn's Daily Question For Judge Sotomayor - Question 12

Does Judge Sotomayor continue to believe that the city of New Haven should have been allowed to scrap the results of its firefighter exam on the basis of race?

Explanation: The Supreme Court has now decided Ricci v. DeStefano, the New Haven firefighter case. The Supreme Court reversed the lower court decision that was joined by Judge Sotomayor. The Second Circuit saw the case as an easy victory of for the city of New Haven because the city's refusal to follow the merit-based test was "simply" trying to avoid a lawsuit. The Supreme Court flatly disagreed. According to the Supreme Court, the city's conduct was not only unlawful but "antithetical to the notion of a workplace where individuals are guaranteed equal opportunity regardless of race." And while the Supreme Court vote was divided, all nine Justices had criticisms of how the case was resolved in the lower courts.

The Supreme Court's reversal in Ricci v. DeStefano raises the question of whether Judge Sotomayor continues to believe that New Haven should have been allowed to discriminate against the firefighters on the basis of race. Should fear of a disparate-impact lawsuit be enough to allow an employer to engage in expressly race-based decisionmaking?

Source