Acting White: Judge Sonia's Silent Sidestep

I had not made the connection between Obama’s pick for the Supreme Court and that court’s current critical deliberation, until my hits on a past post (here) went sky high. It seems that Judge Sonia Sotomayor was knee deep in this New Haven, CT case of white firefighters suing for racial discrimination, because the City threw out the captain and lieutenant’s test, as the consequence of no blacks and few Latinos scoring in the money.

In quick review, Sotomayor was on a three-judge panel that heard an appeal to the district court’s finding in favor of the City. With nary a scintilla of written analysis, team Sotomayor upheld the lower court's ruling. This unusual response earned a rebuff from appellate Judge Jose Cabranes, who said about Sotomayor and crew, “Indeed, the opinion contains no reference whatsoever to the constitutional claims at the core of this case. … This perfunctory disposition rests uneasily with the weighty issues presented by this appeal”.

It was Judge Cabranes rejoinder that helped entice the highest court to take the case, as a constitutional matter. So the question of Sotomayor is a fair one. Do we want a judge sitting on the highest court of the land, who would take a pass on a case begging for her to flex her constitutional muscle? After all, is this not the very objective of the job? Activist or not, judges need to back up their opinions for the public to see. Beyond the partisan rhetoric, I respectfully wonder about Judge Sotomayor's fortitude, and so should the country.

James C. Collier

Technorati Tags: Acting White: Judge Sonia's Silent Sidestep, Sotomayor, Supreme Court, New Haven, Firefighters, Acting White