The appointment of Sonia Sotomayor to the Supreme Court in 2009 was criticized as sacrificing merit on the altar of identity politics. According to critics, Sotomayor was simply [opensmartdoublequote]not that smart.[closesmartdoublequote] For some conservative critics, her selection illustrated the costs of affirmative action policies, in that this particular choice was going to produce a lower quality Supreme Court.
Guy-Uriel Charles, Daniel L. Chen & Mitu Gulati,
Sonia Sotomayor and the Construction of Merit,
Emory L. J.
Available at: https://scholarlycommons.law.emory.edu/elj/vol61/iss4/6