Ruling Raises Questions about Sotomayor Judicial Philosophy

"This Supreme Court decision, which overturns Judge Sotomayor's legal position, puts the nominee's views on judicial activism front and center at the upcoming confirmation hearings."—Jay Sekulow, ACLJ chief counsel

WASHINGTON, June 29, 2009—The chief counsel for the American Center for Law and Justice (ACLJ) warns that the decision by the Supreme Court of the United States repudiating a legal position held by Judge Sonia Sotomayor raises important questions about the judicial philosophy of the high court nominee. 

The 5-4 decision by the Supreme Court today in the case of Ricci v. Destefano rejects a decision by Judge Sotomayor in the U.S. Court of Appeals for the Second Circuit that dismissed a reverse-discrimination lawsuit filed by a group of Connecticut firefighters-and comes just two weeks before confirmation hearings begin for Judge Sotomayor before the Senate Judiciary Committee.  

"The Supreme Court's decision to repudiate Judge Sotomayor's legal position in this discrimination case raises important questions about Judge Sotomayor's judicial philosophy," said Jay Sekulow, chief counsel of the American Center for Law and Justice, who argues regularly before the Supreme Court. 

"This Supreme Court decision, which overturns Judge Sotomayor's legal position, puts the nominee's views on judicial activism front and center at the upcoming confirmation hearings," said Sekulow.  "How does Judge Sotomayor view the constitution and the rule of law?  What's the proper role of the judiciary when it comes to issues like race?  Is it to set public policy, or uphold the rule of law that is gender and racially neutral?  These are important questions that now become even more significant in light of today's decision by the Supreme Court.  We look forward to hearing from Judge Sotomayor on this issue and others in the days ahead."

The Supreme Court's decision is posted here: http://www.ACLJ.org/media/pdf/riccivdestefano_07-1428.pdf.

Led by Chief Counsel Jay Sekulow, the American Center for Law and Justice focuses on constitutional law and is based in Washington, D.C.  The ACLJ is online at www.ACLJ.org.  The ACLJ's online newsroom-which includes high-resolution, downloadable graphics, principal bios, and ACLJ fact sheets-can be accessed at www.DeMossNews.com/ACLJ.

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