"Discussion" of Sotomayor's nomination to the Supreme Court in the mainstream media will probably buzz around Ricci, with some carry-over into Raniola, but if Sotomayor's opponents had any real regard for the truth of the situation (and they don't), they would forget about trying to convict the nominee of extra-judicial "empathy" in connection with her high-profile rulings in the area of work-place and employment discrimination, and concentrate instead on the only instance where Sotomayor may have actually jumped the tracks of judicial restraint, and written an opinion based on sympathy for a plaintiff and revulsion for one of the most miserable statutes (SLUSA) ever enacted in the ongoing transformation of federal law into a shield for the ultra-rich against the rest of us, and that would be Judge Sotomayor's opinion in Dabit v. Merrill Lynch, Pierce, Fenner & Smith, Inc., 395 F.3d 25 (2d Cir. 2005), and its sequels.