Anecdotes vs. Analysis
Interesting. The NY Times presents Sotomayor as an example of "Identity Politics" based largely on a single statement and one case over which she presided.
At the same time, the WaPost links to a little bit more research and finds...
"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," he continued; "the remaining 8 involved other kinds of claims or dispositions. Of the 10 cases favoring claims of discrimination, 9 were unanimous."
"Of the roughly 75 panel opinions rejecting claims of discrimination, Judge Sotomayor dissented 2 times," Goldstein writes.
"The numbers relating to unpublished opinions continued to hold as well. In the roughly 55 cases in which the panel affirmed district court decisions rejecting a claim of employment discrimination or retaliation, the panel published its opinion or order only 5 times," Goldstein writes.
"In sum, in an eleven-year career on the Second Circuit, Judge Sotomayor has participated in roughly 100 panel decisions involving questions of race and has disagreed with her colleagues in those cases (a fair measure of whether she is an outlier) a total of 4 times. ... Given that record, it seems absurd to say that Judge Sotomayor allows race to infect her decisionmaking."
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