The Magazine

Reversing Sotomayor

The Ricci decision points to ongoing controversies about race.

Jul 13, 2009, Vol. 14, No. 40 • By TERRY EASTLAND
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President Obama has been reluctant to say much about race during his presidency, and he has said nothing of significance about Ricci. A continuing debate over the case might compel him to engage the issues it raises. Either way, in choosing Sotomayor for the Court, Obama has picked a judge who failed in a significant case to test an employer's dubious grounds for racial discrimination.

Notwithstanding her likely confirmation, the good news is that, replacing the judicially liberal Souter, Sotomayor won't change the Court's philosophical makeup. That is why the Roberts Court, for as long as the majority that decided Ricci stays intact, will be the nation's best, and among the three branches of government, only real hope for constraining racial discrimination.

Terry Eastland is the publisher of THE WEEKLY STANDARD.