Tossed Ruling No Rebuke to Sotomayor: Dems

Firefighter decision shows judicial 'modesty'
By Harry Kimball,  Newser Staff
Posted Jun 29, 2009 3:55 PM CDT
Frank Ricci, left, lead plaintiff in the the "New Haven 20" firefighter reverse discrimination case speaks to the media outside of Federal Court.   (AP Photo)
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(Newser) – Democrats are struggling to paint the Supreme Court’s rejection today of an opinion by nominee Sonia Sotomayor as proof that she is, in fact, not an “activist judge,” Roll Call reports. The high court decided to reverse Sotomayor’s 2nd Circuit ruling against white New Haven firefighters who alleged reverse discrimination. Sen. Chuck Schumer says the earlier ruling was based on precedent and therefore the mark of a moderate.

Schumer said today that while Republican critics have said Sotomayor “will be an activist judge, this case clearly shows she won’t.” Without going into the details of the case, Schumer argued that there was precedent and Sotomayor’s decision represented respect for the rule of law. “She’ll be a moderate,” Schumer continued. “Her whole career on the 2nd Circuit is one of modesty.”