Posted on 07/02/2009 9:59:12 PM PDT by kellynla
WASHINGTON -- The Supreme Court's ruling on the Ricci case -- that white firemen suffered illegal discrimination when a promotional test on which they did well was thrown out because not enough blacks did well -- will have no effect on Sonia Sotomayor's nomination to the Supreme Court. While overturned on Ricci, she is protected by the four dissenting justices who upheld the side of the case she had taken as a Circuit Court judge. Sotomayor was additionally helped by Justice Ruth Bader Ginsburg's insistence on reading her dissent from the bench, as if to emphasize the legitimacy of her position -- and, by implication, Sotomayor's.
Ricci left Sotomayor relatively unscathed. But not affirmative action. Ricci raised the bar considerably on overt discrimination against one racial group simply to undo the unintentionally racially skewed results of otherwise fair and objective employment procedures (in this case, examinations).
It's not enough for a city to say, as did New Haven, that it was afraid of being sued by black firefighters. The evidence was irrefutable that the tests were put together in a conscientious, race-neutral way. Not only were minority firefighters over-sampled in devising the questions. The designers established nine oral exam boards, each a three-person panel, each consisting of precisely one white, one black and one Hispanic. (Such is the extreme race consciousness that the Civil Rights Act, of all things, has brought upon us.) Nor will it do, as New Haven tried, to throw out a test on the pretext that another test with less racial impact might theoretically exist out there in the ether.
(Excerpt) Read more at realclearpolitics.com ...
If four political hacks — who happen to be Supreme Court Justices — will stand up for your clearly extralegal opinions, then you’re still in the judicial mainstream.
“Ricci left Sotomayor relatively unscathed.”
We’ll see. Sotomayor is the most unqualified candidate for SCOTUS in American history.
Doesn’t matter. As Zero infamously once said ‘I trump you on that. I won’. We have no power to rein in the excessive power grab of the Dem-Socialists. More’s the pity.
The scumbag New Haven politicians were afraid of being sued, huh? I hope these firefighters sue the city’s brains out, and the scumbag politicians individually as well.
We are one vote away from complete abandonment of the US Constitution.
Pray for the health of the five civilized humans on that court.
Krauthammer is really off his game today. He is wrong as all 9 Justices voted to reverse her. 5 found for the firefighters, 4 wanted to remand it to the lower courts. Also it remains to be seen how this affects her confirmation.
Just how are these exams “racially biased”?
They require one to read..
What did you (or for that matter, any Right thinking American) expect?
She was nominated by the most unqualified POTUS in American history.
I would like to know how they the supposed masters of equality can make racial identification, expecially since it supposed to be a social construct?
Ahh. And apparently logic is a White thing.
Apparently not.
Only White, Christian heterosexuals are not allowed to do that.
Q. You went to school on a football scholarship, and got drafted into the NFL in a high round. I am not denying your hard work to reach the NFL etc, but in the same age group, I was out playing sailor while your signing bonus was more than I earned in my 8+ yr USN stint. Explain to me why your children are ‘disadvantaged’ and mine are 'privliged'. Naturally our relations were 'strained' after that.
By accurately discriminating between morons and normal people.
Good one!
If you and your family are in a burning building with only minutes to live, who do you want in charge of your rescue, the best man for the job or the best black man who got to his position only by affirmative action?
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