If Sotomayor was a referee, would we tolerate her bias? After all, what is a judge but a referee? A person whose job it is to make sure that the rules are followed; a person whose job it is to decide whether close calls are fair or foul; a person whose job it is to make sure the local rules follow the printed guidelines, in this case the United States Constitution. We have allowed ourselves over the years to believe the propaganda that the Supreme Court's job is to decide what the Constitution "really means", but that is a Progressive distortion of the true purpose of the decisions. The decisions are to decide if the law is true to the constitution, not if the Constitution is true to what we want the law to be.
We would not allow the umpire at the World Series to decide whether an over-the-wall home run was in the best interests of baseball. We would not stand for it. It really does not matter which team is asking for the decision. So why should it when the issue is discrimination? The issue is not who is claiming discrimination. The issue is did it or did it not occur. Judge Sotomayor with a wink and a nod says she will make the outcome what certain players expect it to be. At least with the Black sox Scandal of 1919, the referees weren't in on the cheating. Is that what our descendants will say 90 years from now?