So if this was said about blacks wouldn't she had been thrown out by now?

I think your judging it as racial and it's not because Sonia Sotomayor is white. Spanish is white. When your a Supreme Court nominee with white skin and straight hair, you don't think your not a white Spaniard. Plus she's smart enough not to make racial slurs. Maybe anti-male slurs, but this is not some dim wit woman that's going to announce a race war of mind.