Will the Supreme Court’s ruling in the Ricci case have an impact on the Sotomayor nomination? Should it? At the very least, the Court showed contempt for Sotomayor’s ruling:
Given the large Democratic majority in the Senate, it is rather unlikely that Justice Sotomayor won’t soon appear on the Court. This ruling, however, could make for one or two interesting discussions when she arrives.
it was hardly to be expected that the five more conservative justices -- who held that the city had violated the 1964 Civil Rights Act by refusing to promote the firefighters with the highest scores on a job-related promotional exam because none were black -- would endorse an Obama nominee’s ruling to the contrary.
What’s more striking is that the court was unanimous in rejecting the Sotomayor panel’s specific holding. Her holding was that New Haven’s decision to spurn the test results must be upheld based solely on the fact that highly disproportionate numbers of blacks had done badly on the exam and might file a "disparate-impact" lawsuit -- regardless of whether the exam was valid or the lawsuit could succeed.