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	<title>Comments on: Ruling Could Impact Sotomayor&#039;s Chances</title>
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		<title>By: Sylvia Trujillo</title>
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	<link>http://blog.latinovations.com/2009/06/30/ruling-could-impact-sotomayors-chances/</link>
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		<title>Comments on: Ruling Could Impact Sotomayor&#039;s Chances</title>
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	<link>http://blog.latinovations.com/2009/06/30/ruling-could-impact-sotomayors-chances/</link>
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		<title>By: Sylvia Trujillo</title>
		<link>http://blog.latinovations.com/2009/06/30/ruling-could-impact-sotomayors-chances/comment-page-1/#comment-147</link>
		<dc:creator>Sylvia Trujillo</dc:creator>
		<pubDate>Tue, 30 Jun 2009 21:00:16 +0000</pubDate>
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		<description>This decision is hardly a &quot;blow&quot; to Judge Sotomayor despite the best efforts of the Republican partisans.

1.  The US Supreme Court did not issue an unanimous decision--it was closely divided.

2.  Justice Bader-Ginsburg who was joined by Justice Souter and the other members of the minority would not have reversed the 2nd Circuit decision and in a stinging rebuke to the Justices in the majority read her opinion in open Court.  Among other things, she stated that the majority&#039;s decision would not withstand the test of time.  In the polite society of the Supreme Court, this is tantamount to a slap in the collective faces of Justices joining in the majority opionion.

3.  This was not &quot;Judge Sotomayor&#039;s decision.&quot;  In addition to the U.S. District Court judge, the original three judge panel who heard this case who included Judge Sotomayor as well as seven of the members of the 2nd Circuit en banc agreed were in agreement--the Supreme Court overruled the collective decision of all of these judges in addition to precedent and the plain meaning of Title VII.

4.  The activist conservative Justices including Thomas, Alito, Scalia, Kennedy, and Roberts deviated in a dramatic fashion from precedent, violated basic rules of construction, ignored the facts of the case, and arrived at a perverse outcome.  This is more a blow to law and order and rule of law than to Judge Sotomayor.

5.  When Alito was nominated all of his cases that were considered by the U.S. Supreme Court were reversed.

6.  Just prior to Roberts&#039; confirmation, the Court ruled contrary to his position in one of his cases.

7.  Politicos&#039; reporting was shoddy and inaccurate.  They continue the misleading practice of failing to mention one of the plaintiffs was Hispanic.  Does not fit with their narrative.  Who cares about minor details like the FACTS.</description>
		<content:encoded><![CDATA[<p>This decision is hardly a &#8220;blow&#8221; to Judge Sotomayor despite the best efforts of the Republican partisans.</p>
<p>1.  The US Supreme Court did not issue an unanimous decision&#8211;it was closely divided.</p>
<p>2.  Justice Bader-Ginsburg who was joined by Justice Souter and the other members of the minority would not have reversed the 2nd Circuit decision and in a stinging rebuke to the Justices in the majority read her opinion in open Court.  Among other things, she stated that the majority&#8217;s decision would not withstand the test of time.  In the polite society of the Supreme Court, this is tantamount to a slap in the collective faces of Justices joining in the majority opionion.</p>
<p>3.  This was not &#8220;Judge Sotomayor&#8217;s decision.&#8221;  In addition to the U.S. District Court judge, the original three judge panel who heard this case who included Judge Sotomayor as well as seven of the members of the 2nd Circuit en banc agreed were in agreement&#8211;the Supreme Court overruled the collective decision of all of these judges in addition to precedent and the plain meaning of Title VII.</p>
<p>4.  The activist conservative Justices including Thomas, Alito, Scalia, Kennedy, and Roberts deviated in a dramatic fashion from precedent, violated basic rules of construction, ignored the facts of the case, and arrived at a perverse outcome.  This is more a blow to law and order and rule of law than to Judge Sotomayor.</p>
<p>5.  When Alito was nominated all of his cases that were considered by the U.S. Supreme Court were reversed.</p>
<p>6.  Just prior to Roberts&#8217; confirmation, the Court ruled contrary to his position in one of his cases.</p>
<p>7.  Politicos&#8217; reporting was shoddy and inaccurate.  They continue the misleading practice of failing to mention one of the plaintiffs was Hispanic.  Does not fit with their narrative.  Who cares about minor details like the FACTS.</p>
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