Home -> Law Blog Directory -> Legal Commentary Blogs -> TalkLeft

Legal Commentary

: TalkLeft

Schumer Presser On SCOTUS' Ricci Decision

By Big Tent Democrat

Sen. Charles Schumer (D-NY) just held a press conference on the SCOTUS' Ricci decision announced today. The major points:

SCOTUS sets forth a NEW interpretation, overturning 38 years of understanding of the law.

Sotomayor unaffected by this. (This is an obvious point imo. But I guess it needs to be said.) You know all the talking points.

Andy Pincus, counsel for the National League of Cities spoke and made the strong point that today's Ricci decision makes the position of municipalities virtually untenable. The conflict created by Ricci puts municipalities (and States) in a position where it will be sued by one group or another. In short, the decision is a disaster for States and municipalities. So much for the "dignity" that once so concerned Justice Kennedy.

More . . .

Professor Richard Primus of University of Michigan Law School explained the balance between the goal of eventually reaching a color blind society with the reality of our shameful history of discrimination as a Nation.

Primus notes that (my words) the SCOTUS is intent on creating new policy on these issues. Clearly, Primus is describing an act of judicial activism.

Austin Schlick, the Maryland AG (who filed an amicus brief in Ricci in support of New Haven, stated, the Gang of 5 (my words) was "eager to make new law" (HIS WORDS) in this area.

Schlick emphasized the fact that the Court undermined the policy of "voluntary compliance" that Title VII embodies.

Q - Will Sotomayor be asked about this? Schumer says no in that she will probably hear related cases on the matter. (Think Roberts on Hamdan, which was before the SCOTUS when he was nominated. The SCOTUS reversed Roberts.)

Q - AP predictably regurgitates right wing nonsense that "all 9 Justices disagreed" with Sotomayor. This is obviously false. but that does not stop the AP of course from asking a question premised on an utter falsehood. Rick Primus states that the right wing falsehood is just that, false.

Austin Schlick makes the critical point that while Sotomayor was modest, the SCOTUS majority in Ricci was incredibly activist, even engage going so far as to say that the SCOTUS engaged in unprecedented factfinding instead of remanding for more factfinding.

Schumer is asked about Congress' acting to reverse Ricci. Schumer punts.

Speaking for me only

Full post as published by TalkLeft on June 29, 2009 (boomark / email).