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Old 06-29-09, 03:02 PM   #4 (permalink)
zerojunkie
 
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Join Date: Aug 2002
Location: dallas
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Re: Recent SCOTUS decision.

Quote:
Originally Posted by PETA View Post
Didn't know it has been handed doen - but it reversed Sotomayor as expected.

Probably bad timing for a nominee to get over ruled by her fellow justices.

The prior case on appeal was simply a sumary order... not an opinion. That's a procedural technique many judges will use to avoid having the case hit the books for precedential value... check that.. apparently one judge requested case be heard en banc and a 8 sentence opinion was issued and hearing en banc denied. Shit storm ensues and Chief judge of that circuit writes a dissent urging SCOTUS review.

Sotomayor looks terrible on this one but it won't much matter - the Dems have the votes to get her on the bench... which she should join with the good sense to be a little embarassed.
I doubt she'll be embarrassed about it. She'll fit right in with the 4 judge minority that dissented. I don't get how that shiat in any way wasn't discrimination. Unless of course you failed the test if you answered anything other than white for the race question.
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