Monday, June 29, 2009

If the Right gets school choice...

Will it help them learn to count?

In the rush to capitalize on the Supreme Court's overturning the Ricci decision, Rush Limbaugh and other conservative commentators all pimped that SCOTUS overturned the Ricci decision 9-0 (Limbaugh went so far as to say SCOTUS found Sotomayor a racist 9-zip"), despite the inconvenient fact that the decision was actually 5-4.

Damn facts.

You stay classy, Rush Limbaugh.


Mike Reino said...

Yeah 5-4 isn't exactly a landslide... But it is a bit of an uncomfortable ruling for SoSo ..Can't remember an overrule on a nominee so close to their election..

pluvlaw said...

It should not be a big deal. If you look at the decision, SCOTUS acknowledges that it was an unsettled issue. In other words, the lower court was faced with a question that had not yet been answered and they provided an answer. 4 of the 9 justices thought the lower court got it right. 5 did not. That's not being an "activist" judge. That's a judge interpreting the law as they see it and making a decision.

As a practicing atty, I admire judges who come down on making the call (when there is no established answer) versus those who pass it on to the higher court. It's how the system operates and it works.