Here's something most likely to go unnoticed as the mainstream media continues reporting on the fallout of the New Haven firefighter case.
In his "Bench Memos" blog, National Review's Ed Whelan explains in "9-0 Against Sotomayor" how even the four liberal justices in today's Ricci v. DeStefano 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):
In footnote 10 of her dissent, Justice Ginsburg states: "Ordinarily, a remand for fresh consideration [whether the City of New Haven in fact had good cause to act] would be in order." But because the majority saw no need to remand, Ginsburg explains "why, if final disposition by this Court is indeed appropriate, New Haven should be the prevailing party." (Emphasis added.)
In other words, Ginsburg doesn't believe that final disposition of the case is appropriate. She and her fellow dissenters therefore believe that Sotomayor and her Second Circuit colleagues and the district court were wrong to grant summary judgment to the City of New Haven.
New York Times Public Editor Clark Hoyt got angry this week. Not at the Times' shoddy, statistically worthless slam of U.S. veterans that appeared on last Sunday's front page (next week, perhaps?), but at conservative blogger Ed Whelan, for having the temerity of bringing up a possible conflict of interest involving the Times' Supreme Court reporter Linda Greenhouse.
Whelan, who is President of the Ethics and Public Policy Center and writes the "Bench Memos" blog at National Review Online, unearthed the Supreme Court reporter's controversial tie last month.