Firefighter faults Sotomayor

Republicans' star witness against Supreme Court nominee Sonia Sotomayor told the Senate Judiciary Committee this afternoon that an appeals court panel that included Sotomayor treated him unfairly by summarily dismissing his case.

Frank Ricci was the lead plaintiff among white firefighters in New Haven, Conn., who sued the city for reverse discrimination after it threw out results of a promotion exam when not enough minorities scored high enough.

"We sought basic fairness," Ricci said, calling the courts the "last resort" for Americans seeking justice.

He said Americans have the right to have cases decided based on the Constitution and laws, and not what he called "politics and personal feelings."

Sotomayor and two other judges on the Second Circuit issued a brief ruling upholding a lower court's extensive decision that threw out the lawsuit. The Supreme Court last month, on a 5-4 vote, reversed Sotomayor's panel.

Asked repeatedly about the case, Sotomayor said that she followed precedent and that the high court was making new law on employment discrimination.

Liberal groups have pointed out -- to accuse him of hypocrisy -- that Ricci originally was hired after suing under the Americans with Disabilities Act because of his dyslexia.

Testifying this afternoon in uniform, Ricci read his statement, using his right index finger to follow the words. He said that he studied for the promotion exam for hours.