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.
I have no more information at this time. As soon as I get the vote tally and a copy of the decision, written by Kennedy, I will post it.
Update: This was a 5-4 ruling, with Anthony Kennedy writing the opinion.
Justice Anthony Kennedy authored the opinion in favor of Frank Ricci and his fellow firefighters who sued the city of New Haven.
“The city’s action in discarding the tests violated (federal law),” the Supreme Court majority wrote Monday, adding that the city’s “race-based rejection of the test results” could not be justified.
The city argued its action was prompted by concern that disgruntled African American firefighters would sue. But that reasoning didn’t hold sway with the court’s majority.
“Fear of litigation alone cannot justify the city’s reliance of race to the detriment of individuals who passed the examinations and qualified for promotions,” the court ruled.
It’s not had to guess how the other 8 voted, since the SCOTUS is no longer anything short of an extension of two political parties and their associated ideology.
The dissent was written by Justice Ruth Bader Ginsburg:
”The white firefighters who scored high on New Haven’s promotional exams understandably attract the court’s sympathy,” she said. “But they had no vested right to promotion.”
The discussion now revolves around how this affects Sonia Sotomayar’s appointment to the court. The answer is, it won’t. Just like it didn’t affect SCOTUS Alito who also had decisions overturned while he awaited appointment. Or was that Roberts? Ah, nevermind.
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"This is not culture. This is not custom. This is criminal."
Huh. SCOTUS embarassing
TOTUSPOTUS. Whoda thunk?It sounds like a reasonable ruling to me. It’s terribly unfair to deny somebody a promotion who has worked hard to meet all the requirements.
Somebody help me out and do some research for me. Was it Alito or Roberts who also had a decision overturned while they awaited appointment?
And Yttk. Yes. No surprise this was overturned. And a hispanic applicant who passed that test got slapped too.
i just posted on this. Also, got an interview with Jeffrey Deskovic that will be posted by the end of week (Deskovic was the guy who spent almost 10 years in jail because Sotomayor refused DNA evidence exonerating him from a murder rap)
http://thesibylspeaks.wordpress.com/2009/06/29/breaking-news-supreme-court-rules-against-sotomayor-in-‘reverse-discrimination’-case/
Anthony, not surprising:
The five who voted to reverse the lower court:
Kennedy.
Chief Justice John Roberts.
Justice Antonin Scalia.
Justice Clarence Thomas.
Justice Samuel Alito.
The four who dissented:
Justice Ruth Bader Ginsburg.
Justice John Paul Stevens.
Justice David Souter (who retires at the end of today).
Justice Stephen Breyer.
Heard the WH state that the court decided this way because it was precedent and it was Federal Law.
A one paragraph statement to void and nullify “perceived” discrimination?
Full opinion.
If I were a Sotomayor supporter and had drunk the Kool-aid, I would just say the reversal by the white-male SCOTUS only proves what she said about a “wise latina”….
(I actually think she’s a whole lot better than Harriet Meiers and have no problem with her nomination or her ability to be a good judge.)
Finally the Supreme Court does something right. I fully support equal opportunity and apparently now that is the law of the land.
The folks who passed this examination and qualified for promotion were denied that right because no blacks passed or qualified for it. The liberal justices that cannot see the injustice in that should study our Constitution.
There was absolutely no (zero) evidence that the examination was racially biased. In fact the city took measures to assure that it was not. Using the “fear” tactic that some AA groups might take them to court as an excuse was put to rest today.
Equal opportunity for equal qualifications. That is justice.
“I actually think she’s a whole lot better than Harriet Meiers…”
Well, yeah, ya’ think? She’s a creep! Period and the end.
-MS
I don’t think Sotomayor is a good pick. It was a political decision made by the POTUS for one reason: He (like everyone else) is courting the Hispanic Vote. Also, he needs more support among women.
I called it when the MSM mentioned that he was “Leaning her way” :
“The SIbyl weighs in: Why am I not surprised? Ever since Souter announced his plans to retire, I said “I bet Obama is going to pick a Latina to replace him.” Why? Because the 18M Clinton supporters haven’t obediently come back to the fold, as the DNC predicted they would.
Since his “historic election” (both words intentionally italicized) the POTUS has been pandering to Hispanic voters in an effort to gain their support. His position on border security (which amounts to amnesty) was the first indication that he was looking at the 15-20M illegals (who will soon have voting privileges, if he gets his way) to replace disgruntled Democrats who have been leaving the party in droves. Not only that, but the arrogance to think that women voters will ‘come back to the fold’ as well is equally offensive.”
http://thesibylspeaks.wordpress.com/2009/05/26/how-predictable-was-this-2/#more-1890
Listen there was discrimination against a hispanic in the original decision as well. One of the firefighters who passed that test was an Hispanic. There isn’t just one minority in the US of A. When we start discriminating against one minority to help another, I am not so sure we are headed in a very good direction. White males always enjoyed the edge. If we are simply going to remove their edge and replace them with another edge belonging to others, then we haven’t progressed very far, have we?
If barack obama had appointed my mother, he still wouldn’t get this woman’s support. Besides, my mother would have told him Go To Hell, Pig.
Just got off the phone with Jeffrey Deskovic, and got a perspective that may shed some light on this.
The objection to her appointment (his, mine and millions of others) has less to do with race than it does with injustice
Here’s an excerpt from an op-ed he wrote for politico:
She opted for procedure over fairness and finality of conviction over accuracy. Many of the victims of wrongful convictions serving long sentences had exhausted their appeals long before they were exonerated. In how many of those cases did Sotomayor vote to refuse to even consider evidence of innocence?
My case is far from unique in an age when the reality of wrongful convictions is well-established. We face the prospect that Troy Davis, an innocent man on death row in Georgia, faces imminent execution, absent intervention by the high court or by President Barack Obama.
Procedure should never be used as an excuse to override justice. The state must not be permitted to take away an individual’s liberty and later argue that his or her actual innocence is no longer relevant. Truth-seeking is central to our understanding of justice.
In my case, Judge Sotomayor did not demonstrate that understanding. If that is her idea of “empathy,” a trait that Obama sought in his appointee, then God help us all, especially those who are wrongfully convicted and possibly sentenced to death. Innocence can never be ruled as out of order in court.
It is not about politics, nor race. It is about justice. Those of us concerned with wrongful convictions and justice should get the opportunity to verbalize our opposition to her confirmation.
Read more: http://www.politico.com/news/stories/0609/23724_Page2.html#ixzz0JqHFR7Se&C
Read more: http://www.politico.com/news/stories/0609/23724_Page2.html#ixzz0JqGYyvUM&C
Here’s a better link:
http://www.politico.com/news/stories/0609/23724.html
Uppity Woman, on June 29th, 2009 at 1:36 PM Said:
If barack obama had appointed my mother, he still wouldn’t get this woman’s support. Besides, my mother would have told him Go To Hell, Pig.
I see the Uppity gene runs in your family.
Bravo Mama Uppity!
lol center. let’s just say that my mother’s apple did not fall far from her tree. hahaha.
Sotomayor told the world that she’s a racist, and now the Supreme Court has confirmed that. I suppose there’s a tiny shred of decency somewhere in DC.
most apples don’t.my advice to all my kids about their friends.
what are the folks like??
Interesting that one of the Firefighters was Hispanic but all headlines are “White Firefighters”
Now, since Hispanic is not a RACE that I know of, but an ethnic group, except of course when there is a federal form to fill in, that this fact is being dumped.
We have so over politicized this nation, and the dems do it best with “groups” of people, we never see the fair treatment of AMERICANS but we have to compartmentalize every single one of us.
I am so sick of this.
Seriously thinking about going to Argentina and looking for a dejected hot married woman…..
“and the dems do it best with “groups” of people”
They ALL do it. Both parties are pandering for the Latino voters, and at this point, the Dems are winning. They both suck equally.
“Seriously thinking about going to Argentina and looking for a dejected hot married woman…..”
FF, she prefers a married male adulterer not lesbians. Ya needta eat some fruits to de-stressed, dear
DUH! What else could they decide? It was obvioius… I just don’t think it will matter when it comes to the new latina salvation nomination…