[reaganaut1]

The question is whether "government efforts to ensure racial equality" will focus on equal treatment or equal results. The two are in conflict, and Obama and the Dems favor the latter definition.

[dennisw]

This case is a slam dunk in front of any kind of fair court

[cbkaty]

The simple question: Did you pass the friggin test or not? If yes, great, if not...get back on the truck and roll the hose.

[Vaduz]

Promotions because of the “color of their skin.”Thr only reason obama is in the WH and look at the mess he has made in such a short time the msm giggles.

[Erik Latranyi]

The city argues that the test it commissioned, in which 60 percent of the score came from a multiple-choice questionnaire and 40 percent from an interview, must have been biased...

May I translate?

The city believes blacks could not learn the subject matter as well as whites and latinos.

If I were black, I would sue the city for defamation.

[Jim Noble]

government efforts to ensure racial equality.

Glendower: "I can summon demons from the vasty deep!"

Hotspur: "Why so can I, and so can any man. But will they come when you do call them?"

Glendower: "I can teach you, coz, to command the Devil!"

Hotspur: "And I can teach thee, coz, to shame the devil— By telling the truth. Tell truth and shame the devil."

[denydenydeny]

The question is whether "government efforts to ensure racial equality" will focus on equal treatment or equal results.

It's interesting that to liberals results only matter when you're talking about what that color of skin people in various positions have.

In education, health care, welfare programs, etc., results don't matter at all, only intentions.

[RU88]

All I can say is that it better get done soon because once Obama gets done with this court you'll think they were rendering decisions from Mars.

[The Great RJ]

What should be banned is any type of racial classification. I am deeply offended and generally refuse to answer any “optional” questionnaire or government form that asks me to indicate my race. First that information should have no relevance whether I can or cannot do the job and second it leads to this racial based promotion.

[nathanbedford]

I think you have it about right, the issue boils down to equality of opportunity or equality of outcome.

We are not talking about somebody coming around to read your water meter, we are talking about life and death situations often in very exposed in dangerous places. The firefighter' s risks are many fold those of a policeman on the beat so the hiring of firefighters is not a place for social engineering and for affirmative action. You are looking for action heroes not for models to pose in a Gap advertisement.

It is regrettable that the test in question contained a 40% subjective element which was the interview. It makes the case for the white fire fighting applicants less objective. Nonetheless, we can make some observations.

The Case law as I understand it from this article is that tests which result in statistically discriminatory results are invalid unless they bear a direct relationship to job performance:

At any rate, the city says it was bound by Title VII of the 1964 Civil Rights Act, which requires employers not to rely on hiring or promotional tests that have a "disparate impact" on minorities unless they can show a "business necessity."

So the Constitution requires hiring based on race to achieve statistical balance even in the face of objective tests unless the employer can demonstrate a "business necessity." One can hardly think of an occupation where job performance is more of a "business necessity" than climbing through the fourth story window of a burning building to save grandma.

Clearly, a Fire Department is entitled to rely on tests which result in statistically "disparate impacts" unless the test itself is flawed. This raises the question of the scope of discretion in the employer issuing the test to determine whether it reveals a business necessity. Which is another way of asking, what is the scope of review by the courts? Since this is a civil rights case, all of the discretion and latitude normally given to such an employer or city is very strictly construed and limited. In other words the courts feel quite free to interpose their judgment about what real firefighters should be like because we're dealing with race. The legal question should be, does the test bear a reasonable and rational relationship to its legitimate purpose? If so, the courts inquiry should stop.

So it will all come down to a subjective judgment on the part of Justice Kennedy, just as the Washington Post said.

Justice Kennedy's decision will probably come down to whether he wants equality of opportunity or equality of outcome. This matter stands as yet another reason why I say that all politics in America is not local, but racial.

[ought-six]

Obama is presdient ONLY because of the color of his skin. Anyone looking at the facts objectively wouldhave to conclude that a white guy with the same tissue-thin resume as Obama, and the same lack of experience, and the same drug use and the same associations with shady characters, would never have got past the first primary.

[A_Former_Democrat]

And it’s not a question of “ensuring racial equality” but is political, and political only, in nature.

[Iron Munro]

SCOTUS: No time to decide if a president must be legally qualified to occupy the office as defined by the constitution.

How can anyone have one iota of respect for the Supreme Court when they dodge, weave and evade the most important constitutional issue of the day?

All of caucasion Washington DC, the media and liberals across America are play acting that there is no Obama birth certificate issue because they are so desperate to prove to themselves they are free of racial predjudice.

Meanwhile, Komrade Inkompetent The Usurper dismantles the constitutional republic and steals the birthright of our children and generations of Americans yet to be born.

The Supreme Court is just another part of the corrupt, unethical federal political machine, governed by their own agenda and goals rather than the Constitution and their oath of office.

[Chode]

how in the hell can questions related to firefighting be racially bias??? please.

[Don Corleone]

The Supreme Court has an opportunity to reaffirm or reshape the nation's civil rights laws as it faces a rare confluence of cases over the next two weeks, including a high-profile challenge brought by white firefighters who claim they lost out on promotions because of the "color of their skin."

Small potato(e)s compared to the BC question. First things first!

[timm22]

The city argues that the test it commissioned, in which 60 percent of the score came from a multiple-choice questionnaire and 40 percent from an interview, must have been biased, despite its best intentions. It is not specific about the problems with the test, though it says the exam did not measure "command presence" and should have given more weight to the interview.

Why is it than whenever these tests are challenged the alleged victims say that more weight should be given to the interview or other less-objective measures?

If the organization is so devious that they rigged a multiple choice test against you, what makes you think they are going to give you a fair chance on the interview? If the organization really is biased against you, consciously or subconsciously, then how is giving more weight to the *interview* going to help? If anything, that's an even easier way for them to weed out minorities since the evaluators can point to subjective, hard-to-verify reasons for excluding a minority applicant. On a multiple choice test you're facing the same questions as your peers and giving the same response MUST result in getting the same points.

Unless, of course, there really is no discrimination going on and some people just don't like the results of a fair test.