Sotomayor discrimination case overturned

The Hill:

The Supreme Court on Monday narrowly reversed a controversial decision written by President Obama’s nominee to join the body, giving conservative groups a chance to take issue with Judge Sonia Sotomayor even as her confirmation looks increasingly likely.

Justices reversed the Second Circuit Court of Appeals decision in Ricci v. DeStefano, a case that has been at the heart of conservative opposition to Sotomayor's nomination.

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Writing for a 5-4 majority, Justice Anthony Kennedy cited a violation of Title VII, which prohibits employment discrimination on the basis of race, gender or religion. The Court's conservative wing, including Justices John Roberts, Antonin Scalia, Clarence Thomas and Samuel Alito, joined Kennedy, who is often the court’s swing vote.

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However, the fact that the court disagreed with Sotomayor is sure to inflame right-leaning groups that oppose her nomination. The conservative Federalist Society has already scheduled a conference call for reporters for Monday morning, while other groups will use the decision to highlight Sotomayor's so-called reversal rate -- the number of times her opinions have been overturned by the high court.

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It will give her some more questions to answer and make some liberals squirm a little, but in the end she will probably be approved despite her poor judgment in this case.

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