The New War Over Sotomayor

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The political war over Judge Sonia Sotomayor's nomination as the next Supreme Court justice may have gained some vigor this week with the latest ruling by her potential peers.

"The Supreme Court ruled that discrimination is always discrimination, regardless of who is doing the discriminating and who is being discriminated against."

And I knew that it was on from there.

The latest decision from the Supreme Court to overturn the New Haven, Conn., firefighters' case will have an impact on the deliberations surrounding Sotomayor. Even if this doesn't play out big time in the confirmation process, it will play out in a big way in public opinion forums.

To many, this majority ruling will symbolize several things. ...

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Supreme Court Nomination
Sotomayor, 54, would take the seat of Justice David Souter, who plans to retire. She would be the second woman on the court, only the third in history. Click through to see others who were considered top contenders.
Ron Jordan Natoli Studio / 2nd U.S. Circuit Court of Appeals / AP
Ron Jordan Natoli Studio / 2nd U.S. Circuit Court of Appeals / AP
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For starters, the fears of judicial activism that were heard from all parts of conservative America will be validated, causing a new upswing in concern for an "empathetic judge" being on the highest court in the land. Although many minorities can understand the sentiment originally expressed, many more want the laws of the land to provide a consistent, level playing field for everyone.

The previous ruling that disallowed results from a fair, non-culturally-biased test to be dismissed because not enough minorities passed was rightfully frightening. We want and need fairness, but that equality must be built from the righteousness gifted to us by the Constitution.

As well, this ruling may leave many wondering if this is the kind of empathy that President Obama envisioned. Empathy does not mean eluding the law. If "empathy from the bench" leads to eroding standards or creating new ones, then we should be mindful of where the Sotomayor debate takes us.

We must also examine what this means for the partisan polarization taking place on Capitol Hill. The Obama Midas touch has not trickled down to his administration. Although he has had pieces of legislation pass since he took office, it has not happened without much gnashing of teeth from Republicans and a growing portion of the nation. From the auto bailout to diverging views on the cap-and-trade legislation, the high approval ratings that the president holds personally have yet to transfer over to his policies. This looks to be the same with his pick of Supreme Court nominees.

This latest decision by the Supreme Court may not have much of a bearing on civil rights, depending on how the decision is applied. However, it may prove to be a bear for the Obama administration.
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Lenny McAllister is a regular on-air personality for FOX Charlotte's 'FOX News Rising' and XM Radio's 'The Power Table.' LennyMcAllister.com includes McAllister's weekly video commentary, courtesy of 'FOX News' - Charlotte. His book, 'Diary of a Mad Black PYC (Proud Young Conservative)' will be available online next month.

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