This ought to make for some interesting questioning during Judge Sotomayor’s hearing, if nothing else. The Supreme Court has struck down the 2nd Circuit’s (which included potential Supreme Court Justice Sonia Sotomayor) ruling in Ricci v. DeStefano. Although over at SCOTUS Blog they seem to think the majority went out of their way not to lay into Sotomayor’s decision.
Update: Now a plurality of Americans oppose Sotomayor’s confirmation. What effect that will have on the Senate confirmation process, what with newly minted Senator Stuart Smalley now on board, remains to be seen.