WASHINGTON — The Supreme Court’s reversal Monday of a racial discrimination decision endorsed by Sonia Sotomayor as a federal appeals judge provided fresh ammunition for her critics two weeks before her Senate confirmation hearing, but it’s unlikely to sink her nomination.
The ruling that white New Haven firefighters were unfairly denied promotions because of their race became an instant talking point for conservatives. They argued that her court’s decision to the contrary last year shows she would allow her biases — particularly her backing of affirmative-action policies — to taint her judgment.
Still, the 5-4 decision, which was not unexpected on a court whose conservative majority has recently moved to narrow measures meant to combat racial discrimination, is hardly a clear-cut rebuke to Sotomayor.
Her supporters noted that the appeals court decision followed well-established legal precedents, something conservatives routinely say judges should do. They also noted that she did not write the appeals court decision but was one member of a three-judge panel that rejected the white firefighters’ claim of bias.
“This case will only raise more questions in the minds of the American people concerning Judge Sotomayor’s commitment to treat each individual fairly and not as a member of a group,” said Sen. Jeff Sessions of Alabama, the senior Republican on the Senate Judiciary Committee.
Julie Hirschfeld Davis, The Associated Press
