Sotomayor Judges Race Cases Just Like a White Guy

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Republicans may have decided to run off the rails and make race the focus of their attacks on the nomination of Sonia Sotomayor to the Supreme Court, but they are going to have to dig deep to find some evidence to support their claims that she would be biased in favor minority plaintiffs appearing before her.  Tom Goldstein over at Scotusblog, one of the nation’s most kick-ass  Supreme Court lawyers and bloggers, has studied every single one of Sotomayor’s opinions that are even remotely connected to a racial issue. And what did he find?

Of the 96 cases, Judge Sotomayor and the panel rejected the claim of discrimination roughly 78 times and agreed with the claim of discrimination 10 times; the remaining 8 involved other kinds of claims or dispositions.  Of the 10 cases favoring claims of discrimination, 9 were unanimous.  (Many, by the way, were procedural victories rather than judgments that discrimination had occurred.)  Of those 9, in 7, the unanimous panel included at least one Republican-appointed judge. 

In the 75 cases where Sotomayor sat on a panel of judges that rejected a discrimination claim, Sotomayor dissented a whopping two times. None of this is much of a surprise. Plaintiffs in federal employment discrimination cases almost always get slaughtered, and Sotomayor’s presence on the 2nd Circuit certainly doesn’t seem to have helped their cause much. If nothing else, Goldstein’s data ought to put to rest any GOP charges that Sotomayor is a radical activist looking to somehow tilt the rink because of her Puerto Rican heritage. At least when it comes to discrimination claims, Sotomayor’s work is virtually indistinguishable from all the other white guys she works with.

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SIX TRUTHS

Reclaiming power from those who abuse it often starts with telling the truth. And in "This Is How Authoritarians Get Defeated," MoJo's Monika Bauerlein unpacks six truths to remember during the homestretch of an election where democracy, truth, and decency are on the line.

Truth #1: The chaos is the point.

Truth #2: Team Reality is bigger than it seems.

Truth #3: Facebook owns this.

Truth #4: When we go to work, we're in the fight.

Truth #5: It's about minority rule.

Truth #6: The only thing that can save us is…us.

Please take a moment to see how all these truths add up, because what happens in the weeks and months ahead will reverberate for at least a generation and we better be prepared.

And if you think journalism like Mother Jones'—that calls it like it is, that will never acquiesce to power, that looks where others don't—can help guide us through this historic, high-stakes moment, and you're able to right now, please help us reach our $350,000 goal by October 31 with a donation today. It's all hands on deck for democracy.

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