Oops! future Court Justice universally shot down on her feelings of sympathy over law…

There is a sharp 5-4 divide among the justices in Ricci, and the legal position taken by the district court and adopted by Judge Sotomayor and her panel colleagues is obviously much closer to the position of Justice Ginsburg and her fellow dissenters than either is to the majority’s. But even Ginsburg believes that Sotomayor applied the wrong legal standard (one overly favorable to the city): “The lower courts focused on respondents’ ‘intent’ rather than on whether respondents in fact had good cause to act.”  Re: 9-0 Against Sotomayor