By Ken Shepherd | June 29, 2009 | 1:45 PM EDT

<p>Here's something most likely to go unnoticed as the mainstream media continues reporting on the fallout of the New Haven firefighter case. </p><p>In his &quot;Bench Memos&quot; blog, National Review's Ed Whelan explains in &quot;<a href="http://bench.nationalreview.com/post/?q=OTBhOTEzMTZhMmMyNDczNTE5MjA4MTI0... target="_blank">9-0 Against Sotomayor</a>&quot; how even the four liberal justices in today's <a href="http://www.supremecourtus.gov/opinions/08pdf/07-1428.pdf" target="_blank"><i>Ricci v. DeStefano</i></a> ruling thought Supreme Court nominee Sonia Sotomayor goofed in issuing summary judgment for New Haven when the case was before her (italics Whelan's, bold mine):</p><blockquote><p>In footnote 10 of her dissent, Justice Ginsburg states: &quot;Ordinarily, a remand for fresh consideration [whether the City of New Haven in fact had good cause to act] would be in order.&quot; But because the majority saw no need to remand, Ginsburg explains &quot;why, <i>if</i> final disposition by this Court is indeed appropriate, New Haven should be the prevailing party.&quot; (Emphasis added.)</p><p>In other words, <b>Ginsburg doesn't believe that final disposition of the case is appropriate</b>. She and her fellow dissenters therefore believe that <b>Sotomayor and her Second Circuit colleagues and the district court were wrong to grant summary judgment to the City of New Haven.</b></p></blockquote>

By Kyle Drennen | June 29, 2009 | 12:41 PM EDT

<div style="float: right"><object width="240" height="194"><param name="movie" value="http://www.eyeblast.tv/public/eyeblast.swf?v=Gd4zIr6UaG&amp;c1=0xCE4717&... name="allowFullScreen" value="true"></param><embed src="http://www.eyeblast.tv/public/eyeblast.swf?v=Gd4zIr6UaG&amp;c1=0xCE4717&... allowfullscreen="true" width="240" height="194"></embed></object></div>While discussing the appointment of Sonia Sotomayor to the Supreme Court on MSNBC Monday, guest Eliot Spitzer made a startling observation: <b>&quot;Democratic presidents nominate very centrist justices to the Supreme Court. The Republican presidents over the past 10-15 years have nominated very extremely conservative justices and that’s why the court has eschewed to the right.&quot;</b>[audio <a href="http://media.eyeblast.org/newsbusters/static/2009/06/2009-06-29-MSNBC-Mo... target="_blank">available here</a>]<br /><p>Spitzer, the former Governor of New York who resigned from office in 2008 amid a sex scandal with a prostitute, went on to lament the unwillingness of Democratic presidents to appoint more liberal justices: &quot;And the role of the Democratic judges – justices – has been to play the middle... And that is, I think, at a larger ideological point, a discussion we should have, because <b>Democratic presidents have been hesitant to put really liberal justices on the court.&quot; </b></p><p>MSNBC anchor Dylan Ratigan, who was premiering his new show &quot;The Morning Meeting,&quot; did not challenge Spitzer’s absurd assertions, but rather turned to Washington Post editorial writer Jonathan Capehart and asked: &quot;Yeah, Jonathan what do you think about that? That the Republicans have papered it with very conservative judges and that Democrats have tried to go more middle or slightly left of center, as opposed to way left judges?&quot; Capehart agreed with Spitzer: &quot;Well look, I respect everything my – Governor Spitzer says.&quot; </p>

By Scott Whitlock | June 18, 2009 | 3:05 PM EDT

Good Morning America on Thursday unearthed archival footage that featured Supreme Court nominee Sonia Sotomayor on the show in 1986 complaining about discrimination against women. The clips highlighted her fretting, "There are different styles. And because of those styles, I think that's what affects the ability of women to get ahead in the workplace."

In the video, Sotomayor can be seen talking to then-GMA host Joan Lunden and asserting that men inadvertently discriminate against women: "Well, I found in my experiences that it's not that men are consciously discriminating against promoting women. But, I do believe that as people, we have self-images of what's good. And if you're a male that grew up professionally in a male-dominated profession, then your image of what a good lawyer is a male image."

By Scott Whitlock | June 10, 2009 | 12:17 PM EDT

"Good Morning America's" Claire Shipman on Wednesday conducted a fawning, mostly content-free interview with Supreme Court pick Sonia Sotomayor's brother about his sister's love for Salsa dancing, among other light topics. The ABC reporter asked Juan Sotomayor only one question on the substance of the nominee's comments that a "wise Latina" judge would come to a better conclusion than a white man.

After Shipman prompted, "I read somewhere she says she likes to party," the judge's sibling informed viewers, "She loves to party. She loves dancing. Had her 50th birthday party and she learned how to Salsa." Americans were also instructed on such pertinent information as the fact that, as a young girl, Sotomayor "loved reading Archie, and Casper and Richie Rich." Shipman, however, dwelled on Juan Sotomayor's anger towards criticism of his sister. She related, "And when we asked Juan what he thought about some conservative critics suggesting his sister is a racist, I thought he might jump out of his seat."

By Mark Finkelstein | June 10, 2009 | 8:43 AM EDT
WARNING: Viewing the accompanying video could cause a dangerous rise in blood-sugar levels.

When Clarence Thomas was approaching his confirmation hearings, we all remember the touching, sentimental segments the networks ran on his challenging childhood.  Or not.

On today's GMA, ABC's Claire Shipman took a sentimental stroll down memory lane with Dr. Juan Sotomayor, Sonia's likable younger brother.  At one point, viewing a display about his sister in their old high school in the Bronx, Juan gets choked up.  And there's Claire, shown not once but twice reaching out a comforting arm to console the Sotomayor sibling.
By Rich Noyes | June 7, 2009 | 6:00 PM EDT
On Sunday’s This Week roundtable, ABC national correspondent Claire Shipman tried to argue that it would be “very hard” for Republicans to label Supreme Court nominee Sonia Sotomayor a liberal. “When you look at Sotomayor's record and look at the cases, it's very hard for people to make the case that she's a typical, you know, elite liberal judicial philosopher,” Shipman declared.

That was too much even for liberal columnist Cynthia Tucker, who is currently the editorial page editor of the Atlantic Journal-Constitution but will this summer move to Washington as the paper’s D.C.-based political columnist. “She is certainly liberal, she’s called herself liberal,” Tucker informed Shipman, but agreed that Sotomayor is “nobody’s knee-jerk radical.”
By Noel Sheppard | June 6, 2009 | 11:44 AM EDT

On Thursday, NewsBusters' Tim Graham asked, "Mark Levin Says Damaging New Sotomayor Texts Emerging: Will Media Notice?"

As it turns out, Levin was right about these texts, and newsrooms are starting to pay attention, but very slowly.

CQ reported Thursday evening:

By Mitchell Blatt | June 5, 2009 | 2:23 PM EDT

The New York Times has responded to revelations that Sonia Sotomayor’s quote about “a wise Latina woman” was repeated often between 1994 and 2003 by publishing an article titled “Speeches show judge’s steady focus on diversity and struggle.” The article, written by Peter Baker and Jo Becker, does mention in passing the fact that she has used the quote on multiple occasions, but it did so in the manner of emphasizing her “focus on diversity and struggle.”

By Scott Whitlock | June 5, 2009 | 12:25 PM EDT

Cokie Roberts appeared on Friday's "Good Morning America" and agreed with Supreme Court nominee Sonia Sotomayor's 1994 comment that a wise woman would come to a better conclusion than a man. Roberts, cheered, "Of course, I would agree with her that they're better." Fellow ABC journalist Sam Donaldson empathized that if the judge made a mistake, "it was a Joe Biden problem. She blurted out the truth." [Audio available here]

Throughout two segments on the program, various reporters and guests justified Sotomayor's comments. Roberts attempted to explain away the comments, which are in addition to the now famous 2001 "wise Latina" quote. She sympathized to co-host Diane Sawyer, "You go before these big women's groups. And, Diane, I'm sure you've done it. I've certainly done it many times." With no hint of controversy, Roberts added, "And you do say things that kind of rev up the crowd and get women excited. And one of those things that you do say is that women are better than men."

By Matthew Balan | June 4, 2009 | 4:58 PM EDT
Soledad O'Brien, CNN Special Correspondent | NewsBusters.orgCNN’s Soledad O’Brien went so far to use the role of food in “ethnic identity” to support Supreme Court nominee Sonia Sotomayor during Thursday’s “Newsroom” program. When she was asked about Sotomayor’s now-infamous “wise Latina” remark from 2001, O’Brien bizarrely cited a more culinary part of the nominee’s speech where she talked about “pig’s feet and the other special dishes particular, not just to Puerto Ricans, but many Latino families.”

Anchor Heidi Collins first read Sotomayor’s “wise Latina” remark in 2001 to set up O’Brien’s sympathetic and unusual take on the nominee: “Soledad, some people would say the context is not complete with that comment, and because of that, as usual, when you don’t have context, something might be lost?” The CNN special correspondent wholeheartedly agreed and replied that people should read the entire 2001 speech. She continued with her first emphasis on Sotomayor’s ethnic identity: “Puerto Ricans are Americans. She is not an immigrant to this country. What formed her identity, she says, are the shared traditions. And here’s a little bit of what she says about the food. She says, ‘For me, a very special part of being Latina is the mucho platos de arroz, gandoles y pernir- rice, beans and pork- that I have eaten at countless family holidays and special events.’ This is during her speech- she says in the speech back in 2001. She goes on to talk about the pig’s feet and the other special dishes particular, not just to Puerto Ricans, but many Latino families.”
By Noel Sheppard | June 4, 2009 | 3:22 PM EDT

On Thursday morning, NewsBusters' Tim Graham asked, "Mark Levin Says Damaging New Sotomayor Texts Emerging: Will Media Notice?"

Given the small amount of attention yesterday's revelation that Supreme Court nominee Sonia Sotomayor made extremely similar derogatory comments about men back in 1994 as she did in 2001, the answer appears to be "No."

As most readers are aware, Sotomayor uttered the following roughly eight years ago during a lecture at Boalt Hall, the University of California, Berkeley's, law school:

By Dan Gainor | June 3, 2009 | 10:53 AM EDT

In the run-up to Obama’s election, journalists were promoting him as a “post-racial” candidate. Now with the nomination of Sonia Sotomayor for Supreme Court we know that both the media and the candidate were lying to us.As USA Today columnist DeWayne Wickham wrote on May 5, 2009, “For many people in the USA, Obama's election ushered in a post-racial era that was expected to push race to the back burner of our national consciousness.” But his presidency isn’t “post-racial.” It’s not just the obvious identity politics where craven political calculations are used to pick candidates of appropriate age/race/gender/class/shoe size. It has to do with Obama’s stance on using racism to correct racism.That position was evident in Obama’s deliberate choice of Sotomayor who figured prominently in a major case of racial injustice. The case in question – Ricci v. DeStefano – involves 18 New Haven, Connecticut, firefighters who sued because they were blatantly discriminated against because of their race. The 17 white and one Hispanic firefighters took the lieutenant’s and captain’s exams and, when they did well and black firefighters did not, the city canceled the results. On appeal, our likely next Supreme Court “justice” ruled against the men even though the evidence was stacked on their side.