Sotomayor Watch #9

Ruth Marcus analyzes Ricci in "For Sotomayor, a fine Line in New Haven" in WaPo today. Problem is I don't understand how the three judge panel concluded "disparate impact" in the Ricci case without a full review by the Apellate Court - even though they later refused to review the three judge panel conclusion 7-6.

It appears to be pre-judgement from the three judge panel.

Her conclusion:

"Frank Ricci deserved to have that claim examined more carefully before having his hard-earned promotion summarily set aside. But Sonia Sotomayor deserves to have her position examined more carefully than it has been by those who would use it to block her own promotion."