Monday, June 29, 2009

Ricci DiStefano

I have some healthcare posts coming up, but I just wanted to post this.

I've mentioned before how dangerous I think the Ricci-DiStefano case was and why it makes me afraid of Sotomayor.

The Supreme Court came down 5-4 in favor of the firefighters today.

msnbc's take

my earlier take


  1. I actually think you've misread Sotomayor's role in the lower court case. Again, I agree with the final Supreme Court decision on the case, but you have to realize the role of the lower courts. They're suppose to follow precedent from the supreme court and they interpreted the case using earlier case law. It didn't matter what she believed personally; she's supposed to follow higher court precedent. On the other hand, the Supreme Court CAN overturn their own precedent. In any case, she's replacing David Souter, who also voted in a way 'that makes you afraid of Sotomayor,' so ultimately I don't think it matters much. It doesn't change the balance of the court.

    I feel the liberal wing of the court is misguided on this ruling, but in general, I agree with their positions more often than I do with the conservative wing anyway.

  2. yes, i agree with you that the liberal courts tend to do a better job than conservative courts.

    My disagreement with your precedent argument partially stems from the fact that on the three-person court, it was a 2-1 vote. There was clearly some ground for interpreting differently... and if we don't think interpretation happens as a result of political views, we're dreaming.