re: #63 Killgore Trout

The federal Equal Employment Opportunity Commission has a “four-fifths rule,” which holds that a job-related test in which the passing rate of a racial minority is less than 80% of the white rate is presumptively flawed.

This doesn’t look like judicial activism. She was upholding existing federal law. You might not like those laws but they are laws.

That “four-fifths” rule is outrageous. If I were in Sotomayor’s position, I would have declared the four-fifths rule unconstitutional and ruled for the firefighters. She had the power to do that, and failed to do so, I believe due to her personal bias.