Artful omissions by the NYT at the top of the article leaves the reader to think the test was rigged, when just the opposite is true.
The test was designed and tested to avoid disparate impact and is widely used by other municipalities.
As the majority opinion noted, New Haven’s position was “blatently contradicted by the facts”.
The Ginsberg rant was also blatently contradicted by the facts.
Now the question to Sotomayor, if confirmed as Justice, will you uphold the principle of “stare decisis” and accept this decision as your own?
The city never claimed that the test was irrelevant, unfair or discriminatory against Blacks. (They would have no case if they did). They argued on the basis of needing to avoid a lawsuit from the AA candidates.
I guess no one considered the possiblity that the White and Hispanic firefighters might sue to protect their constitutional rights. OTOH, they may not have thought that the constitutional rights of “the oppressors” was relevant. Wait. When did Hispancis assume “White Guilt”?