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The Supreme Court is expected to rule on Ricci v. DeStefano before the Senate votes on Judge Sotomayor’s nomination. It would be an extraordinary rebuke were a current nominee to be overruled on such a controversial case by the very justices she is slated to join.

Judge Sotomayor seems to be the most radical person ever nominated for the high court. To continue to command public respect, the Senate will have to ask her some hard questions. The simplest one to ask will be the hardest one for her to answer: Given her statements against whites and males, can she be fair to all Americans?