Given interest in how Judge Sotomayor has approached cases involving race, the case of Brown v. City of Oneonta is worth a look. The panel opinion (as amended) is at 221 F.3d 329 (2nd Cir. 2000). The opinions respecting the denial of reharing en banc are at 235 F.3d 769 (2d Cir. 2000). Judge Sotomayor was not on the initial panel, but she did join most of Judge Calabresi’s opinion dissenting from the denial of rehearing en banc in this interesting case. While this opinion may be less probative than one Judge Sotomayor authored herself, her participation in this case could help shed light on her views of the proper application of the Equal Protection Clause. It is also interesting to compare the rationale for en banc review endorsed by Judges Calabresi and Sotomayor in this case with their arguments for denying en banc review in Ricci v. DeStefano, another potentially divisive case involving race.
The full post including excerpts from the relevant opinions are below the jump.
Here are the basic facts, as described in the panel opinion written by Judge Walker:
Oneonta, a small town in upstate New York about sixty miles west of Albany, has about 10,000 full-time residents. In addition, some 7,500 students at-tend and reside at the State University of New York College at Oneonta (