| June 28, 2009 Ricci v. DeStefano ruling to impact Sotomayor's fate?
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(NECN/ABC) - This week the Supreme Court will offer a ruling on a case that was controversial long before the nation ever heard of Supreme Court nominee Sonia Sotomayor, but now it has become a flashpoint for critics as the judge faces upcoming Senate confirmation hearings.
The case, Ricci v. Stefano, will affect the lives of 19 white firefighters and one Hispanic, who are accusing the city of New Haven of discrimination.
"We were discriminated against because we were denied the promotions based on our race," Lt. Matt Marcarelli of the New Haven Fire Department said.
The firefighters say the city unfairly threw out key exams because not enough minorities did well on the test. And the city feared a discrimination suit by the black firefighters.
"Discrimination is discrimination against any race," Lt. Marcarelli said.
They lost their case and on appeal landed in front of Judge Sotomayor -- she ruled against the firefighters, saying the city was within its rights to throw out the test.
The case made its way to the Supreme Court in April and the decision could impact the fate of Judge Sotomayor and provide fodder to conservative critics.
"Judge Sotomayor is definitely an extremist," Wendy Long, counsel for the Judicial Confirmation Network, said.
Citing a 2001 speech as an example, conservatives say Sotomayor allows personal feelings to impact her rulings.
At the time, she said that a Latina woman
would "more often than not reach a better conclusion than a white male who hasn't lived that life."
Whether the Senate agrees will determine whether Sotomayor becomes the first Hispanic and only the third woman to serve on the high court. But she appears to have public support.
According to a recent ABC news/Washington Post poll, well over half of those surveyed say Sotomayor should be confirmed.
Those poll numbers put Sonia Sotomayor on solid footing going into her confirmation hearings, which are scheduled to start in the next few weeks.
Hearings that will no doubt address the high court's decision on the New Haven case.
ABC's Rachel Martin reports.
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