Then it would seem that you should be concerned that she has been overturned six out of ten at the Supreme Court level.
Good point.
But the answer is from the quote I took from Lady Eagle, below or it could be;
"NEW HAVEN, Conn. -- With a single paragraph, Judge Sonia Sotomayor and two colleagues dashed the hopes of firefighters here who believed they'd scored high enough on exams to win a promotion.
The three federal appeals judges said last year the city had the right to reject the results of two tests because no black firefighters scored high enough.
The ruling is now turning into perhaps the most contentious of the 4,000 Judge Sotomayor made in 17 years on the federal bench, and it is likely to come up in her Supreme Court confirmation hearings. The justices whom she may soon join on the high court are expected to rule within weeks on the case, which they took on an appeal by white firefighters. "
It isn't what one scored on the test but do to the lack of a good score from another group, all scores are done away with. We need the right mix or nothing and I'm sure that is what many are looking at for the the court. My side is right and yours isn't, is the mind set of so many today.