July 19, 2009

Troubled Sessions is troubled

Had you voted with Judge Cabranes, himself of Puerto Rican ancestry, had you voted with him, you could've changed that case.
Ah, but Judge Cabranes is only a Wise Latino, not a Wise Latina. Besides, Judge Cabranes was only voting to rehear the New Haven firefighters case, not to change anything about it. Who knows, he may have affirmed Sotomayor. Anyway, it isn't even clear whether Sotomayor could have changed the decision below, let alone an en banc rehearing, as she was part of a unanimous three-judge panel. She could have dissented there,* but two is greater than one.

Nevertheless: Sessions remains troubled

That's for sure.

* In which case, or course, she would have been accused by Senate Republicans of favoring "empathy" over federal law.

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