In the controversial "white firefighters" case, Sotomayor was actually the non-activist law-interpreter that conservatives have been pushing for:

The question before the 2nd Circuit, Sotomayor said, was whether the city's decision was based on race or its understanding of what the law required it to do. The court ruled that it was based on the latter.

Based on established legal precedent, the 2nd Circuit decided that the city's decision was proper under established law.

It was just non-activism in a direction that conservatives disapprove of. In this case, it was affirmative action.