People for the American Way sent out an e-mail Friday claiming that Frank Ricci -- the lead plaintiff in the case and a key witness of Senate Judiciary ranking member Jeff Sessions, R-Ala. -- has a "troubled and litigious work history." A string of lawsuits brought on his behalf suggest he has continually sued claiming employment discrimination, the group claimed.

In an interview Monday outside of Hart 216, Marge Baker, the organization's executive vice president, said her group has "simply pointed out the fact that Frank Ricci, on his own behalf, has used employment discrimination laws to help him."

Sen. Orrin Hatch, R-Utah, doesn't see it that way. Speaking Monday during the hearings, he expressed concern that a "smear campaign" is forming against Ricci. "If that is true, and I hope it is not, it is beneath both contempt and the dignity that this process demands," he said.

Ricci is set to testify either Thursday or Friday, when the Judiciary Committee concludes its questioning of Sotomayor and begins with the outside witnesses Chairman Patrick Leahy, D-Vt., and Sessions have called upon.

Baker said she doesn't think Ricci's litigation history should be the focal point of his testimony. Instead, she said, she wants a more frank discussion about the case that bears his name. "The hope is that we get away from these labels, this notion, buzzwords like 'reverse discrimination' and focus on what employment discrimination laws that are at the heart of the Ricci case."

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