Libertarians are also concerned

It’s not just the conservatives asking serious questions about Judge Sonia Sotomayor.

Just after her nomination, this was posted on The Hill.

President Barack Obama’s nomination of Second Circuit
federal appeals judge Sonia Sotomayor to fill the Supreme Court seat
vacated by retiring Justice David Souter was a clear signal he values
identity politics and personal agendas over sound jurisprudence and
equal justice under the law.

While much of Sotomayor’s record show she is unfit for the Court,
most troubling is her involvement in the Ricci v. DeStafano case, in
which the New Haven, Conn. fire department decided it didn’t like the
results of an officers promotion exam in which white and Hispanic
firefighters outperformed black firefighters. 

The department threw out the results of the exam, denying several
firefighters promotions solely because of their race.  The firefighters
sued, claiming racial discrimination under Title VVI of the Civil
Rights Act and the Equal Protection Clause of the Fourteenth Amendment.

The Cato Institute, Reason Foundation and the Individual Rights
Foundation filed briefs on behalf of the firefighters, citing the
absurdity of allowing public employers to throw out the results of
valid, race-neutral exams that produce politically incorrect racial
disparity.  The firefighters and the libertarian foundations filing
briefs argued that public employment practices should be color-blind.

Sotomayor disagreed, ruling the city has a right to discriminate
against white and Hispanic public employees to construct a politically
correct racial mix in hiring, even if it goes against the results of a
racially-neutral competency exam.

That troubles libertarians, who believe that while the First
Amendment’s guarantee of freedom of association allows private parties
to hire whomever they please, government has no right to discriminate.

Public employers should treat all citizens of all colors, races and
ethnicities with equal respect and value.  Sotomayor’s radical rulings
are a jarring departure from that principle.  The Supreme Court is no
place for state-sanctioned racism, and Sotomayor’s nomination should be


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