Is it the case, Clarice, that the nine justices concurred the Second Circuit erred in issuing a summary judgement? Because if so, I think it’s an important point and worthy of discussion during Sotomayor’s confirmation hearing.
I also have heard that Sotomayor blames her low SAT and LSAT scores on the tests’ cultural biases. That’s a complaint I hear quite often (and, I believe, one of the complaints against the New Haven fire fighter’s test). I wish those making it would show us specific questions and explain how each is culturally biased. I’ll admit it’s been a long time for me, but I just don’t recall much cultural referencing in these aptitude tests.
This decision should make the confirmation hearings more lively and Republicans should be able to score a few points with the public, but I agree with those who consider Sotomayor a slam-dunk. Mores the pity. Well, at least she’s only replacing Ginsburg.
