Sonia Sotomayor confirmation to the appeals court would put Sotomayor in a better position for a possible Supreme Court nomination (despite there being no vacancy at the time nor any indication the Clinton administration was considering nominating her or any Hispanic). Therefore, the Republican majority decided to slow her confirmation. Radio commentator Rush Limbaugh weighed in that Sotomayor was an ultraliberal who was on a "rocket ship" to the highest court. During her September 1997 hearing before the Senate Judiciary Committee, Sotomayor parried strong questioning from some Republican members about mandatory sentencing, gay rights, and her level of respect for Supreme Court
Sonia Sotomayor might sue under Title VII of the Civil Rights Act of 1964. The City chose not to certify the test results and a lower court had previously upheld the City's right to do this. Several white firefighters and one Hispanic firefighter who had passed the test, including the lead plaintiff who has dyslexia and had put much extra effort into studying, sued the City of New Haven, claiming that their rights were violated. A Second Circuit panel that included Sotomayor first issued a brief, unsigned summary order (not written by Sotomayor) affirming the lower court's ruling. Sotomayor's former mentor José