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June 29, 2009

Sotomayer For Supremes

What could possibly go wrong?

The Supreme Court has ruled that white firefighters in New Haven, Conn., were unfairly denied promotions because of their race, reversing a decision that high court nominee Sonia Sotomayor endorsed as an appeals court judge.

New Haven was wrong to scrap a promotion exam because no African-Americans and only two Hispanic firefighters were likely to be made lieutenants or captains based on the results, the court said Monday in a 5-4 decision. The city said that it had acted to avoid a lawsuit from minorities.

The ruling could alter employment practices nationwide, potentially limiting the circumstances in which employers can be held liable for decisions when there is no evidence of intentional discrimination against minorities.

More here.

Posted by Kate at June 29, 2009 10:07 AM
Comments

How about suing them for intentional discrimination.

Posted by: Tony W at June 29, 2009 10:21 AM

Morning smile ...

Toad O Mayor appears to be a racist ... not that there's anything wrong with that ... so long as it's from a democratic, woman, brown, fat and really bad hair eh?

I know it's not nice to joke about someone's personal appearance, but if Sarah Palin can be called slutty, then Sotomayor is a toad.

Posted by: Momar at June 29, 2009 10:27 AM

Momar, that's "slutty", in a "funny" way!

Posted by: puddin n pie at June 29, 2009 10:39 AM

From what I have read, the exam was vetted to ensure there was no discrimination. The questions were written by a group that included blacks. All of this was done before the exam was accepted to provide what was required for the job. One white candidate studied for 2 years only to be denied by his race. Hope, Change.

Posted by: Speedy at June 29, 2009 10:51 AM

Sweet, about time.

I see the lib's went the other way... RACIST!

Posted by: Dustoff at June 29, 2009 11:03 AM

"The questions were written by a group that included blacks."

It's mind boggling to think that when it came to smoke, fire, chemicals, first aid etc that the colour of your skin would make you approach a situation differently. Todays firefighters have to be a pretty intelligent lot. They have to have a very good understanding of so many subjects. It's not just being able to carry 150 pounds up a ladder anymore. I think not taking the brightest and the fittest for a firefighter position would be insane.

Posted by: gord at June 29, 2009 11:04 AM

It was a 5-4 decision for Ricci, but a UNANIMOUS rejection of Sottomayer's attempt to dispose of the case with a summary judgement in favour of New Haven. For more, see:
http://bench.nationalreview.com/

Posted by: nick at June 29, 2009 11:09 AM

white fires, black fires, hispanic fires? who knew?

Posted by: marc in calgary at June 29, 2009 11:14 AM

What possibly needs to be "vetted" in an exam anyway? Are firefighting tactics color sensitive? I can't imagine any differences.

Posted by: Sounder at June 29, 2009 11:16 AM

I read somewhere that ever single ruling that sotomayor made in her long career that went to appeal at the SC was overturned. This latest ruling means that she is batting a 1000 still and has to reinforce that argument that she lacks competency as a judge.

Posted by: Gord Tulk at June 29, 2009 11:32 AM

Gord,

What it means is that the court is not - YET - stacked sufficiently to get her (and obama's) way.

Obama is working hard to rectify that situation.

Posted by: Jason at June 29, 2009 12:13 PM

[quote]Leahy also called the high court decision "cramped" and wrong.[/quote]

That quote should disqualify Leahy from holding office. The Rule of Law is not respected by the Chairman of the judiciary, he is one sick joke. Why should anyone respect the rule of Law if it does not exist in intent or practice. If he had any respect of the Constitution he would have eliminated the 9th circuit. He wants partisan political control of the only Court that doesn’t sell it rulings

Sotomayer will be rushed to the SC. They need another twit with a predictable brain on the Court… The fix is in….


Posted by: Slap Shot at June 29, 2009 12:17 PM


This so stinks of reverse racism it ain't funny.
Affirmative Action has been and always has been racist.

And, just this morning Gretchen on Fox said American children are falling behind in Math. Man, that drives me slap up the wall when pundits say that, No Gretchen, not all American children are falling behind in Math, the Black kids and the Mexican kids are falling behind in Math, aarrggggg.
,

Posted by: Ratt at June 29, 2009 12:25 PM

At one point in time it was difficult for non whites to make it into the police and fire servcies. Maybe 20 to 30 years ago. They are good paying jobs, have health care pensions, good profile and are relatively secure.

It was wrong then to deny, but that makes it equally wrong today to do the reverse, no matter what the intention. Society has largely moved on. Good on the court. There is a dissonance between those "minorities" who are attaining positions of power and influence today and when they got started. The conditions that they MAY have faced, sometimes hard to discern between genuine discrimination and just plain hardship (which knows no boundry), are just not the onditions that their younger selves would face today.

Sometimes experience can be a lodestone. In some ways I would rather fasttrack a young "minority" because they wont carryforward the baggage.

Good on the court to take this stand

Posted by: Stephen at June 29, 2009 12:26 PM

In many ways the black guy interviewed in Harlem had a better grasp of the implications of BamBam's election than the general population and certainly better than the MSM.
The result is a political coup d'etat which has reduced the long standing 2 branches of government and concentrated the governing power in the White House----with congress and the SC merely trained seals/rubber stamps....IOW's the republic has morphed into a racist dictatorship.

Posted by: sasquatch at June 29, 2009 1:54 PM

The Supreme Court decision just came down and it ruled in favor of the white firefighters. Sotomayor is clearly an activist judge who doesn't much care about the constitution. She will seek to make law from the bench.

I hope she is rejected by the judiciary committee but that is doubtful.

Posted by: a different bob at June 29, 2009 2:04 PM

Such a much wiser decision from a Latino woman compared to a white male . . .

Posted by: grok at June 29, 2009 2:08 PM

Who cares how many "Hispanics" are in the SC? Does the court have to be like the Chicago judicial slate at election time—seven blacks, five Poles, two Lithuanians, five Jews, five Irish, four Italians, etc.? When are we going to have the color-blind and ethnic-blind society we ought to have? I wouldn't care if the court had all nine Hispanics if they were all wise and thoughtful patriots.

Posted by: B. Saint-Yves at June 29, 2009 2:50 PM

Who cares how many "Hispanics" are in the SC? Does the court have to be like the Chicago judicial slate at election time—seven blacks, five Poles, two Lithuanians, five Jews, five Irish, four Italians, etc.? When are we going to have the color-blind and ethnic-blind society we ought to have? I wouldn't care if the court had all nine Hispanics if they were all wise and thoughtful patriots.

Posted by: B. Saint-Yves at June 29, 2009 2:50 PM

What it means is that the court is not - YET - stacked sufficiently to get her (and obama's) way.

Unless I'm missing something, the Ricci decision would have been the same had Sotomayor been there instead of Souter.

Posted by: glasnost at June 29, 2009 3:34 PM

so this would make it about six out of seven she has been overturned on? what a stirling character and judge she is ////

Posted by: old white guy at June 29, 2009 4:49 PM

Glad to see that the US supreme court sees the idiocy of the Sotomayor decision. Now that the most egregious aspects of affirmative action have been thrown out does that mean that the US gets a different president as BO is the first affirmative action president.

Posted by: loki at June 29, 2009 4:55 PM

Number of years Kate's been blogging: 5

Number of posts written: 7,500

Number of posts mentioning Affirmative Action: 2 (approx.)

Number of posts condeming Affirmative Action: 0

Just sayin'. The Sotomayors of this world are relatively few, thankfully; it's millions of enablers who turn a blind eye who are the problem. Don't call yourself a libertarian or conservative of any kind, Miss McMillan, you are no such thing. You'd still be in the kitchen without our efforts and your lack of gratitude is duly noted.

Signed,
White Guys

Posted by: White Guys at June 29, 2009 8:21 PM
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