You voted not to reconsider the prior case. You voted to stay with the decision of the circuit, and in fact, your vote was the key vote. Had you voted with Judge Cabranes, himself of Puerto Rican ancestry , had you voted with him, you could have changed that case. So in truth you weren’t bound by that case.
“himself of Puerto Rican acestry”. That should make a difference? I’m a bit surprised he didn’t mention his Puerto Rican housekeeper and ask of Sotomayor knew her. Both being Puero Rican and all.[/quote]
SK: If I were guessing, I’d say that Sessions remarks need to be contextualized and laid alongside Sotomayor’s comments regarding her “rich Hispanic heritage” and how that heritage informs not only her views, but her views as opposed to an older, white judge who may not have the same “richness” of experience and therefore not be as able as she when adjudicating. She has offered this viewpoint on more than one occasion, so that door is clearly open in terms of taking issue with the comment(s) and making an issue of them.
Given that Justice and justices (of the Supreme Court) are supposed to be impartial, it’s a fair line of questioning.
Further, she does have credibility issues as far as impartiality and racial/ethnic policies go, as illustrated by the “Ricci v. New Haven” decision. Hence my question on the impact of the Ricci testimony.