Posted on 06/29/2009 7:00:44 PM PDT by Kaslin
Although New Haven's firefighters deservedly won in the Supreme Court, it is deeply depressing that they won narrowly — 5-4.
The egregious behavior by that city's government, in a context of racial rabble-rousing, did not seem legally suspect to even one of the court's four liberals, whose harmony seemed to reflect result-oriented rather than law-driven reasoning.
The undisputed facts are that in 2003 the city gave promotion exams to 118 firemen, 27 of them black. The tests were prepared by a firm specializing in employment exams and were validated, as federal law requires, by independent experts.
When none of the African-Americans did well enough to qualify for the available promotions, a black minister allied with the seven-term mayor warned of a dire "political ramification" if the city promoted from the list of persons (including one Hispanic) that the exams identified as qualified.
The city decided that no one would be promoted, calling this a race-neutral outcome because no group was disadvantaged more than any other.
The city's idea of equal treatment — denying promotions equally to those deemed and those not deemed qualified — was particularly galling to Frank Ricci, who had prepared for the exams by quitting his second job, buying the more than $1,000 worth of books the city recommended, paying to have them read onto audiotapes — he is dyslexic — and taking practice tests and interviews. His efforts earned him the sixth-highest score.
(Excerpt) Read more at ibdeditorials.com ...
It’s not hard to guess who - Stevens, Breyer, that whacked-out biddy, and I forget the 4th ...
Souter
These four members of the SCOTUS are POS.
These four Justices are no different from the seven majority Justices in Plessy v. Ferguson. None of them have any regard at all for the Fourteenth Amendment of the Constitution of the United States of America. What part of “Due Process” and “Equal Protection” do they not understand?
1. What EXACTLY on the fireman test is racist against non-whites?
2. Did the non-whites study and prepare for the test?
Amazing they are letting their personal agendas get in the way.
We are about to get rid of one of them and he will be replaced by a racist.
Kennedy sided with Chief Justice Roberts, Alito, Thomas,and Scalia
Big time racist.
And Justice Kennedy remains the effective King of America. He alone decides what is and what is not constitutional.
I think he's the one who is retiring
Guess they hadn't heard of the Civil Rights Revolution of the 1960s that said being discriminated against on the basis of race was, in fact, a compensible harm.
The four who joined in the minority decision kind of want to go back to the Pre-Johnson days it would appear.
Come now George, this is America where merit and character mean nothing. What counts is your victimization.
Let me guess, these are the same four that voted against the second amendment in the DC case?
Or am I just being too realistic . . . ?
Souter is easily forgettable and blessedly today was his last on the High Court .. guess he wasn’t up for doing anything right, up to the very end.
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