Washington - US Senator Robert Menendez (D-NJ) today released the following statement in response to The Supreme Court's 5-4 decision in Ricci v. DeStefano:
"The Supreme Court itself acknowledged that today's decision established a brand new interpretation of the law. The Court exercised its unique prerogative to change law, and as the 5-4 decision illustrates, this was a very close and tough case. In no way is the decision evidence that the Second Circuit's ruling deviated from the rule of law, strayed from established decrees, or failed to uphold the lower court's findings of facts. Furthermore, it is notable that four justices would have upheld the Second Circuit's ruling, including Justice Souter, whom nominee Judge Sonia Sotomayor would replace."
"The fact remains that Judge Sonia Sotomayor's decision as part of a panel that included judges appointed by both Democratic and Republican presidents upheld the lower court's decisions and past precedents by majority ruling. Judge Sotomayor's deliberation and decision-making on this case remains an example of her level-headed respect for the rule of law in a lengthy and stellar career that is full of such examples. Her strict adherence to the rule of law and to past precedents in this case also remains an example of how those who try to label her an 'activist judge' have little ground on which to stand."
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