Within an hour of the Supreme Court’s ruling in the Ricci case, the Federalist Society hosted a conference call for reporters with a number of conservative legal experts–speed readers presumably–each of whom hit upon a couple themes we’re already seeing Sonia Sotomayor’s opponents trumpet.
Roger Clegg of the Center for Equal Opportunity suggested that the ruling “gives the Senate Judiciary Committee a lot to ask about” and that it brings to light her past statements on this issue.
He was joined by Gail Heriot, a professor at the University of San Diego School of Law in the insistence that each of the nine Justices had rejected Sotomayor’s reasoning in her Second Circuit decision, a frame the Judicial Confirmation Network is also using. This, of course, despite the fact that four of the justices think the second circuit decided the case correctly.