Supreme Court nominee Sonia Sotomayor has been overturned again. President Barrack Obama’s choice to fill the Supreme Court vacancy being created by the retirement of Associate Justice David Souter had another of her rulings overturned today when five of the high court justices upheld an appeal by 20 firefighters from New Haven, Connecticut, who had passed their test for promotion only to have all promotions cancelled because none of the African-American candidates passed the test. Sotomayor was part of a panel of the U.S. Court of Appeals for the Second Circuit in New York that unanimously dismissed the appeal. The full circuit court later declined to hear the case.
Since he was asking about things that had already happened back in February, George Stephanopoulos might as well have asked White House adviser David Axelrod on This Week if he thought New Hampshire Republican Judd Gregg would withdraw his name from consideration as Obama’s secretary of commerce.