Tuesday, June 30, 2009

Supreme Court Overrules Sotomayor

Special Tuesday From the Emails.

Hey folks,

Happy Tuesday to you. You know, I've said this before. I could do the whole blog just from the Emails. I really could. Right now I have 28 to go through and 5 I would love to use right now. I chose this one because it is another clear example of Obama's Nominee Judge Sonia Sotomayor using race in making official decisions and just another case that has be overturned. Something like a 65 percent turn over rate is what Judge Sotomayor's record shows.

Now I'm not going into the whole thing again. We have covered Sotomayor pretty intensely. She is a Racist. She is WRONG on the Law. She THINKS Judges Legislate from the bench. She is a radical.

Now the Supreme Court has stepped in and over turned yet another decision. IG sent this to me, and included this note:

About time.

Reverse discrimination has been been going on way to long.

The Affective Action law started reverse discrimination and it's way past time to end it.

You shouldn't get a job because of your color but because your qualified to do the job.

I could not agree more. As I keep saying, if we are going to have TRUE equality in this country, we have to start treating EVERYONE equally. This is from CNN.

CNN - High court backs firefighters in reverse discrimination suit

WASHINGTON (CNN) -- The U.S. Supreme Court sided Monday with white firefighters in a workplace discrimination lawsuit, a divisive case over the role race should play in job advancement.

In the split 5-4 vote, a majority of the justices ruled that the city of New Haven, Connecticut, improperly threw out the results of promotional exams that officials said left too few minorities qualified.

One Latino and no African-American firefighters qualified for promotion based on the exam; the city subsequently decided not to certify the results and issued no promotions.

A group of 20 mostly white firefighters sued, claiming reverse discrimination.


No. It was not "reverse discrimination." It WAS discrimination PERIOD.

High court nominee Judge Sonia Sotomayor heard the case on her federal appeals court last year and sided with the city.

The Supreme Court was being asked to decide whether there was a continued need for special treatment for minorities, or whether enough progress has been made to make existing laws obsolete, especially in a political atmosphere in which an African-American occupies the White House.

At issue was whether the city intentionally discriminated -- in violation of both federal law and the Constitution's Equal Protection Clause.

In a dissent read from the bench, Justice Ruth Bader Ginsburg questioned the fairness of the test, which was 60 percent written and 40 percent oral.

"Relying so heavily on pencil-and-paper exams to select firefighters is a dubious practice," Ginsburg said, calling the majority ruling "troubling."

"Congress endeavored to promote equal opportunity in fact, and not simply in form. The damage today's decision does to that objective is untold," she said.

So OK. I have a question for her Honor Ruth Bader Ginsburg. Did she NOT just say that Minorities are to stupid to take a test using pencil-and-paper exams? Sure does sound like she just did. Then notice how she COMPLETELY disregarded the Constitutional question and said Congress. Sorry, the Constitution wins out over Congress. I hope this decision will not only damage the stupidity of LEGAL Discrimination, but lead to ENDING it altogether.

Key plaintiff Frank Ricci and others took promotional exams in 2003 for lieutenant and captain positions that had become available in New Haven.

When the results came back, city attorneys expressed concern about the results, and the New Haven corporation counsel -- after several public hearings -- refused to certify the test, and no promotions were given.

The city said that under a federal civil rights law known as Title VII, employers must ban actions such as promotion tests that would have a "disparate impact" on a protected class, such as a specified race or gender.


Which is completely idiotic.

The Obama administration took a nuanced position on the appeal. A Justice Department lawyer told the high court that while the federal government supported the city's discretion to nullify the test results, it also believed the lawsuit should be allowed to proceed on a limited basis.

Kennedy argued that "the process was open [and] fair" and that the city officials "were careful to ensure broad racial participation in the design of the test itself and its administration."

He added that "race-based action like the city's in this case is impermissible under Title VII unless the employer can demonstrate a strong basis in evidence that, had it not taken the action, it would have been liable" under the law dealing with "disparate impact."

Kennedy said the city had not met that threshold.

The case has received added attention because Sotomayor was on the appellate court that dismissed the appeal.

Sotomayor was part of a three-judge panel that ruled in February 2008 to uphold a lower court decision supporting New Haven's move to throw out the results.

In June 2008, Sotomayor was part of a 7-6 majority that denied a rehearing of the case by the full court.

Legal analysts said they expect Republicans on the Senate Judiciary Committee will want to ask about her role in that case as well as her comments about ethnicity and the bench.

They BETTER. Someone needs to stand up and say enough is enough. Not just with Sotomayor's Nomination, but with ALL the lunacies of the Left in charge. I agree IG. It is ABOUT TIME.
Peter

Sources:
CNN - High court backs firefighters in reverse discrimination suit

2 comments:

Unknown said...

bout time.
Reverse discrimination has been been going on way to long.
The Affirmative Action law started reverse discrimination and it's way past time to end it.
You shouldn't get a job because of your color but because your qualified to do the job.
I'm tired of the whining minority's getting the jobs they want over much more qualified people.

Peter said...

Hey Irishgodfather,

I'm with ya. Until we start treating everyone equally, we will NEVER have true equality in this country. You can not fight discrimination WITH discrimination.
Peter