Sotomayor on Labor: Cautious Optimism

When President Obama nominated Sonia Sotomayor to replace Justice Souter on the Supreme Court earlier this week, I wondered about her record on labor issues. This is an under-examined facet of jurisprudence--but perhaps the most important. These debates always get bogged down on social issues, particularly abortion. Yet what has gone relatively unnoticed is the dramatic shift the court has taken in the direction of business. Both Chief Justice Roberts and Justice Alito are far outside the mainstream on workers' rights (see here and here). Even Clinton's nominees were regarded as moderates on labor and perhaps overly sympathetic to business.

Folks are still poring through Judge Sotomayor's record to determine her orientation, but so far, labor groups have been pleased. Here's the AFL-CIO's John Sweeney:

Judge Sotomayor’s record reflects an understanding of the law’s impact on working families and has consistently interpreted our labor laws in the manner in which they were intended. In the baseball strike of 1995, she recognized that the owners had forced the strike by engaging in unlawful conduct, and issued an injunction which reversed the unlawful acts. She has enforced the rights of all workers to be free of all types of discrimination at work, to be paid the correct wages and to receive health benefits to which they are entitled. She has recognized that persecution for union activity can be a basis for granting asylum in this country.

So the early reaction: cautious optimism.