Hatch Repeats False Claim About Ricci
Senator Orrin Hatch (R-Utah), questioning Supreme Court nominee Sonia Sotomayor about her role in the case of Ricci v. deStefano, this morning repeated the faulty analysis offered by conservative Republican groups right after that case was decided by the Supreme Court on a 5-4 margin in June.
“All nine of the justices disagreed with your handling of the case,” said Hatch, who sharply criticized Sotomayor’s ruling in the case. “People all over the country have become tired of courts imposing their will against one group or another.”
As I’ve noted before, that claim that nine justices disagreed with Sotomayor in the Ricci case is just blatantly wrong. Yet interest groups immediately after the case was decided were arguing to the public and the media that even the dissenters in that case disagreed with the opinion of Sotomayor and the two other judges on her 2nd Circuit panel.
In fact, what Justice Ruth Bader Ginsburg wrote in the dissent in that case said merely that IF the Supreme Court were intent on creating a new standard, as it did in the majority opinion, THEN it should send the case back to the 2nd Circuit to apply that new standard.
Sen. Dianne Feinstein (D-Calif.) made sure to correct the point when she began her questioning of Sotomayor.