Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

The Administration's Line on Sotomayor and the New Haven Fire Fighters
Newsweek ^ | 5/26/2009 | Katie Connolly

Posted on 05/26/2009 6:08:41 PM PDT by Nachum

The New Haven firefighter case is one of the most controversial rulings in Sotomayor's record, and one that will no doubt be a prime source of criticism from conservatives. The case, Ricci vs. DeStefano, was brought by Frank Ricci and a group of his firefighting colleagues (all non-black including one Hispanic man). The men were denied promotion after an examination to determine their eligibility to move up yielded no successful black candidates. As a result, the New Haven authority decided to discard the exam results and grant no promotions. Ricci and his colleagues argued they'd been discriminated against, but their case was dismissed. Sotomayor was part of a three judge panel on the 2nd Circuit Court of Appeals who upheld the dismissal. The case is currently pending before the Supreme Court. It raised considerable ire, sparking affirmative action debates.

(Excerpt) Read more at blog.newsweek.com ...


TOPICS: Government; News/Current Events; US: Connecticut
KEYWORDS: administrations; discrimination; firefighters; lawsuit; line; new; ricci; riccivsdestefano; sotomayor

1 posted on 05/26/2009 6:08:42 PM PDT by Nachum
[ Post Reply | Private Reply | View Replies]

To: SumProVita; HardStarboard; BradyLS; Ernest_at_the_Beach; dervish; Twotone; Free ThinkerNY; ...

The list, ping


2 posted on 05/26/2009 6:09:01 PM PDT by Nachum (The complete Obama list at www.nachumlist.com)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Nachum
It applied second circuit law very faithfully.

Since when does the second circuit have a law?

Federal law is federal law period!

3 posted on 05/26/2009 6:34:47 PM PDT by Bigun ("It is difficult to free fools from the chains they revere." Voltaire)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Bigun

Sotomayor was wrong on this issue and even when shown just how wrong she was on it still wouldn;t change her mind. Sotomayor is narrow and bigoted.


4 posted on 05/26/2009 6:42:42 PM PDT by Ev Reeman
[ Post Reply | Private Reply | To 3 | View Replies]

To: Nachum

http://www.newhaven20.com/

Firefighters have a website with info on the case.


5 posted on 05/26/2009 6:45:31 PM PDT by roses of sharon (NOTRE DAMIAN: ABORTION, YES WE CAN!)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Ev Reeman

” Sotomayor is narrow and bigoted.”

She can’t be. Only White males and Christians are narrow minded and bigoted. She has been oppressed by the White Man.

Ask jesse jackson or al sharption, they will tell you.


6 posted on 05/26/2009 6:48:16 PM PDT by sport
[ Post Reply | Private Reply | To 4 | View Replies]

To: Nachum
The official said that they had recieved no indication that Republicans were strategizing to delay the process.

That would NOT be the case is there was but ONE Republitard, who had a "pair."

Sadly, the Sheeple will make a feeble attempt at questioning her regarding her judicial philosophy and with our own (Vermont's) extreme, partisan, hack, Leaky Leahy, as Chair, its a forgone conclusion, the this moronic, activist, moonbat, will be confirmed.

7 posted on 05/26/2009 6:52:04 PM PDT by Conservative Vermont Vet ((One of ONLY 37 Conservatives in the People's Republic of Vermont. Socialists and Progressives All))
[ Post Reply | Private Reply | To 1 | View Replies]

To: Ev Reeman
Sotomayor was wrong on this issue and even when shown just how wrong she was on it still wouldn;t change her mind. Sotomayor is narrow and bigoted.

I don't doubt a word of that but still wonder what this sentence; It applied second circuit law very faithfully, taken from the subject article means.

The second circuit cannot have it's own law can it? What am I missing here?

8 posted on 05/26/2009 6:52:18 PM PDT by Bigun ("It is difficult to free fools from the chains they revere." Voltaire)
[ Post Reply | Private Reply | To 4 | View Replies]

To: Nachum
"You knew I was a lawyer when you befriended me."


9 posted on 05/26/2009 6:52:40 PM PDT by Iron Munro (Øbama: The muslim call to prayer is “one of the prettiest sounds on earth at sunset”)
[ Post Reply | Private Reply | To 1 | View Replies]

To: sport

lmao


10 posted on 05/26/2009 6:58:54 PM PDT by Ev Reeman
[ Post Reply | Private Reply | To 6 | View Replies]

To: Bigun

If Sotomayor were running it, it would have.


11 posted on 05/26/2009 7:00:20 PM PDT by Ev Reeman
[ Post Reply | Private Reply | To 8 | View Replies]

To: Ev Reeman
Here is the entire quote from the subject article:

"It was a unanimous decision by the panel that she sat on. It applied second circuit law very faithfully. It did rely upon what was a very thoughtful well written district court opinion," one official said. "The ruling there I think was a fairly constrained application of what the law of the second circuit is.

And again I ask what the h*ll is "second circuit law"? Federal law is federal law everywhere is it not?

12 posted on 05/26/2009 7:01:35 PM PDT by Bigun ("It is difficult to free fools from the chains they revere." Voltaire)
[ Post Reply | Private Reply | To 4 | View Replies]

To: Nachum

btt


13 posted on 05/26/2009 7:02:33 PM PDT by KSCITYBOY
[ Post Reply | Private Reply | To 1 | View Replies]

To: Nachum

You know, diversity sucks. Reading stuff like this makes me wish I was Japanese. No s*** like this in homogeneous countries.


14 posted on 05/26/2009 7:06:24 PM PDT by brianr10
[ Post Reply | Private Reply | To 1 | View Replies]

To: Nachum

Good info, thanks. This woman is a radical.


15 posted on 05/26/2009 7:17:05 PM PDT by Victoria Delsoul
[ Post Reply | Private Reply | To 2 | View Replies]

To: Nachum

She’s a racist.

By the libs own standard: she is in a position of power (i.e. the Second Circuit) to enforce her racially motivated decisions.

This woman said (basically) that decisions should be made from not the law, but ‘empathy’.

So now the defense is that she followed the law?

How twisted...


16 posted on 05/26/2009 7:29:10 PM PDT by Tzimisce (http://groups.myspace.com/nailthemessiah)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Nachum
"You can’t at once attack someone as a judicial activist and then attack her for following precedent and exercising restraint as she did in this case. I know there are those in the early going who are trying to make both cases at once but they’re sort of impeaching themselves,"

My head hurts.

17 posted on 05/26/2009 8:21:27 PM PDT by Eagles6 ( Typical White Guy: Christian, Constitutionalist, Heterosexual, Redneck. (Let them eat arugula!))
[ Post Reply | Private Reply | To 1 | View Replies]

To: Bigun
Federal statutes and regulations are the same everywhere in every circuit.

However, those statutes and regulations are drafted by fallible human beings who do not always write with complete clarity or think of every possible situation in which those statutes and regulations might be applied.

Often there can be reasonable questions about the meaning of those statutes and regulations and their application that can result in slightly different interpretations among the circuits. One of the duties of the SCOTUS in fact is to resolve conflicts in interpretations and applications among the various circuits.

The Newsweek writer should have used the term “precedents” or “interpretations” of the Second Circuit rather than “laws” of the Second Circuit. Newsweek editors must have really been asleep on their keyboards for this poorly worded article to make it to the internet.

18 posted on 05/26/2009 8:49:49 PM PDT by oceanagirl
[ Post Reply | Private Reply | To 12 | View Replies]

To: oceanagirl
...slightly different interpretations among the circuits.

It seems to me that in this case they have gone far beyond "slightly"! In fact, it appears to this writer that they were trying to bury this case before it saw the light of day. A clear case of judicial misconduct IMHO.

One of the duties of the SCOTUS in fact is to resolve conflicts in interpretations and applications among the various circuits.

Absolutely! But this goes far beyond a simple misinterpretation IMHO.

19 posted on 05/27/2009 5:06:29 AM PDT by Bigun ("It is difficult to free fools from the chains they revere." Voltaire)
[ Post Reply | Private Reply | To 18 | View Replies]

To: Bigun

I can certainly appreciate your views, but I’ll reserve judgment until I can study the record and the law and precedents in the issues involved.


20 posted on 05/27/2009 7:28:07 AM PDT by oceanagirl
[ Post Reply | Private Reply | To 19 | View Replies]

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson