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So we will have an unusual moment in the Sotomayor confirmation process--one that will stand out from the customary small-bore senatorial back-and-forth during judicial confirmations. We'll have a high-profile Supreme Court ruling highlighting a very questionable judicial decision by the president's nominee. Most Court observers expect the judgment in which Sotomayor joined to be reversed. But even if it isn't, there will be a closely observed decision by a probably closely divided Supreme Court that will bring home the importance of the Sotomayor nomination for jurisprudence in this area. The public will have occasion to see how a nominee, herself picked for identity-politics reasons, was unempathetic, one might say, and unjust to the victims of identity politics, the firefighters of New Haven who were denied promotions.

-William Kristol