On Monday, Judge Sonia Sotomayor began the process by which she will be confirmed to the Supreme Court. Only a huge gaffe by the judge could prevent that, as the Democrats are in control.

But here's the real deal on Judge Sotomayor. She is the product of a system that now celebrates minorities who show potential and work hard. And that is a good thing. For hundreds of years, minorities were second-class citizens in America. But with many wrongs righted, we are now supposed to be a society where equal justice for all prevails. And herein lies the problem with Judge Sotomayor.

Although her overall record is solid, she did allow a gross injustice to take place in New Haven, Connecticut. As you may know, 19 white firefighters and one Hispanic were denied promotions because no African-Americans performed well enough on the civil service test to be promoted. The test was pretty much standard issue, designed to show communication skills that any high-ranking firefighting officer should have. The Supreme Court ruled 5-4 that the New Haven firefighters were unjustly treated by the city.

But in dissent, the ultra-liberal Justice Ruth Bader Ginsburg exposed the danger America is facing. Judge Ginsburg said New Haven was correct in denying the firefighters what they rightfully earned because they have "no vested right to a promotion." She also said the written portion of the test was unfair to blacks because it contained a writing section. According to Ginsburg, writing and firefighting should not be tied together. That of course is insulting both to firefighters and black Americans.

Ginsburg's opinion is unjust and unfair, but she could not care less. Historically, Ruth Bader Ginsburg has ignored the Constitution, preferring to impose her far-left political opinions on the nation. Remember, Ginsburg is a former counsel for the ACLU, a far-left zealot who believes America is essentially an unjust country and she's going to do something about it.

Think about this: The firefighters take a legitimate test offered by the city and because the test doesn't come out the way Ginsburg and other liberal judges, including Ms. Sotomayor, want it to, they throw it out. That's fair? That's not discriminatory to those who passed the test? Come on.

By siding with the social engineering crew, Judge Sotomayor has created doubt about her ability to be fair. We can't be making laws and legal rulings by a color code. That is not equal justice for all. The issue is very clear.

Out of six cases, Judge Sotomayor's rulings have been overturned four times by the Supreme Court. That is not a good record. I believe she is an honest woman and maybe she's just made a few mistakes. Maybe. But if she turns out to be another Ruth Bader Ginsburg, this country will take a huge turn for the worse.

We need judges who treat all Americans the same way. Period.

And that's "The Memo."

Pinheads & Patriots

It was one year ago that our friend Tony Snow passed away after a valiant struggle against cancer. I'm happy to report his wife and three children are doing well, but of course the pain of losing Tony does not ever go away.

Click here to watch a tribute to Tony Snow!

As I've mentioned before, Tony was the bravest guy I ever met. He never complained about his illness, and he served his country even while ill with honesty and generosity. Obviously, Tony Snow remains a great example of what a patriot should be.

On the pinhead front, singer Chris Brown, convicted of assaulting his ex-girlfriend Rihanna, is atoning in a very strange way. He has purchased a $300,000 necklace that says "Oops." Very nice, don't you think?

Of course, Mr. Brown should be in prison, but he was sentenced to five years probation. He remains a huge pinhead.

You can catch Bill O'Reilly's "Talking Points Memo" and "Pinheads & Patriots" weeknights at 8 and 11 p.m. ET on the FOX News Channel and any time on foxnews.com/oreilly. Send your comments to: oreilly@foxnews.com