High court reverses Sotomayor ruling
The US Supreme Court this morning narrowly reversed one of the most controversial rulings by the high court's would-be next member.
The 5-4 ruling in favor of a group of white firefighters in New Haven, Conn., who accused the city of reverse discrimination reversed the decision of a three-judge federal appeals court panel that included Sonia Sotomayor, whose views on racial preferences and the role of diversity and background in a judge's decisions have come under scrutiny and criticism.
The high court's ruling on the final day of its session also again reflected its ideological split, which Sotomayor is not expected to change if she is confirmed by the Senate. David Souter -- the justice she has been nominated to replace by President Obama -- was in the four-justice minority.
New Haven was sued by a group of white firefighters who claimed they were unfairly denied promotions when the city invalidated an exam because no African-Americans and only two Hispanics were likely to be made lieutenants or captains based on the results.
Conservative colleagues on the Second US Circuit Court of Appeals rebuked the panel that include Sotomayor, saying that its six-sentence ruling "failed to grapple with the questions of exceptional importance" raised by the case.
White House spokesman Robert Gibbs said this afternoon that the high court's ruling will not hurt Sotomayor's confirmation bid.
Rather, highlighting the dissent that backed Sotomayor's decision, he said the decision showed that the conservative majority was delving into judicial activism, while she was following past rulings.
"The Supreme Court clearly had a new interpretation for Title VII of the Civil Rights Act," he told reporters. "And so I think some of the very concerns that members of the Senate have expressed about judicial activism seem to be at the very least upside down in this case. I think her ruling on the 2nd Circuit denotes that she's a follower of precedent."
Sotomayor's confirmation appears to be on track two weeks before her confirmation hearings begin July 13, and she appears to have public support.
In a Washington Post-ABC News poll published Sunday, 62 percent of Americans surveyed support her elevation to the court and 55 percent said Sotomayor is about right on a liberal-to-conservative scale.
But most Americans disagree with Sotomayor in the firefighter case, according to another poll.
In the CNN/Opinion Research Corp. survey released today, 65 percent agreed that "those white firefighters were victims of discrimination and should get the promotions based on the test results," while only 31 percent said that "because no black firefighters got high scores, the city should use a new test to make sure that blacks were not victims of discrimination."
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I think at this point it is pretty obvious that Sotomayor is at the very least incompetent and at the most a racist. I hope not only does she not get a seat at the Supreme Court but I also hope she becomes a symbol of what a racist judge's rulings look like. Good thing there are some people on the Supreme Court who do not believe on race is superior to another.
There is no evidence that the colleagues on the second US Circuit Court, who criticized Sotomayor for not grappling with the case, are "conservative". The reality is that Sotomayor is viewed as questionable by other judges, and has been repeatedly overturned by the Supreme court.
She has not been "repeatedly" overturned. And, in point of fact, most of the discrimination cases that she has heard, she has ruled not in favor of those alleging discrimination.
G
Goodbye Sotomayor.
2 of the 3 members of the panel were GOP appoitments. The didn't grapple with anything, because that is not the Appeals courts job, the appeals court is an arbiter of fairness and precedent, unlike the Supreme Court, who can interpret and set precedent...again, conservative lack the basic knowledge of how the governemnt works...
She is EXACT reflection of how Obama sees the world. It 's what the MOST POLTICALY EXPEDIENT for him and his liberal loonies. It is not Martin Luther King's vision where EVERYONE is treated based on his abilities and NOT his skin color. The importance to our country survival in cleaning the country and government from socialists/liberals just become even more urgent.
The Supreme Court ruling (5 to 4, Surprise!!!) does not disqualify Judge Sotomayor. This only re-enforces the Supreme Court is basically tilted to right and will not rule on any case that does not support conservative point of view. Supreme Court has again proved that justice is not blind but depends mostly on ideological point view of the justice even giving the constitution and meaning of constitution just lip service.
I think at this point it is pretty obvious that Don Kastle is at the very least incompetent and at the most a racist.
The Wise Latina is a racist and unfit to be a Supreme Court Justice.
Congress, do not let Obama ram this one through. Be deliberate and really weigh out whether she is right for the job. I'm sick of everything Obama does having to be done on his schedule. What is he so afraid of? The electorate waking up to his motives to irrevocably consolidate power for his party? Hmm...yes. No party should have all the power. That's basic, we all understand that. But in people's zealous distrust of Bush, the blinders have come on and people now believe Obama is actually good for the country. I didn't think I'd say this, but I find this administration scarier than the last. It's because they are so intelligent in crafting their powergrab. At least Bush wore it on his sleeve.
Such a clear picture of racism in America today. Institutional racism supported or inflicted by government is fundamentally unconstitutional - to deny anyone a job or promotion over anyone else due to anything other than merit is morally apprehensible. To believe that we can erase discrimination by employing discriminatory practices is warped thinking. To deliberately inflict harm [i.e.: deny jobs] on any individual to benefit another less deserving one makes no sense?
Time for change. Time for revolution! Merit is merit. No company should have to sacrifice hiring a potentially better employee for one whose skin is the right color. Using quotas is an expensive, foolhardy and immoral thing to do. Any business worth its salt will hire the best candidate for the job regardless of color or race.
Sotomayor's morally flawed principles are unAmerican and deep rooted in hostility as are Obama policies. Change begins at home - stopping illegitimacy will stem the tide of poverty [for all] in America. Blacks continue to hurt themselves as a group and remain confused why many of them remain an underclass. White poor are increasingly doing the same thing to themselves with alarming increases in illegitimacy. Government welfare programs and the perversion of affirmative action policy are gifts that just keep on giving - and wasting taxpayer dollars.
From the CDC: [babies born]
2,312,473 were white. 27.8% to unmarried women for a total of 642,687 fatherless children.
627,230 were black. 65.2% to unmarried women for a total of 408,953 fatherless children.
1,061,970 were Hispanic. 51.3% to unmarried women for a total of 544,790 fatherless children.
49,284 American Indian, etc. 65.2% to unmarried women for a total of 32,133 fatherless children.
254,734 were Asian. 16.9% to unmarried women for a total of 43,050 fatherless children.
Total fatherless children: 1,671,613 or 38.72% to unwed mothers.
US births break record; 40% out-of-wedlock
Affirmative action and political correctness are going bye bye. It's about time those of us who have been screwed by these practices get a little justice. If you work hard enough and study you deserve to get ahead no matter what color you are. If you expect to get things handed to you because of race, creed, color, religion, or background that supposedly puts you at a disadvantage( read lazy, slacker, and in some cases stupid) get ready to say " you want fries with that?" Those of us who work for a living and rise above whatever challenges we faced have no use for your crap.
Sotomayer is replacing Souter so it is appropriate that the two of them agree on this important decision. We do not throw out the justices who voted with the minority and so it would be illogical and inconsistent to do that for a potential justice. Being inconsistent or illogical does not disturb Sotomayer detractors. Only not getting their way will disturb them. But then again they are basically a disturbed lot to begin with.
Why isn't this story a headliner on Boston.com
I had to dig deep this evening to find it!
I think we all know why??? Don't we???
Is true, unbiased Journalism really dead?
Why isn't this story a headliner on Boston.com
I had to dig deep this evening to find it!
I think we all know why??? Don't we???
Is true, unbiased Journalism really dead?
I was disturbed by the reason read for the disenting opinion of the four judges who wanted the City of New Haven decision to be upheld , or not overuled , stating in their opinion that the firefighters had NO vested right to the promotion.
Sounds like lawyer speak to me. I was shocked at how close of a vote it was.
A person or persons were denied a promotion because they passed a test , they were denied because the afro-american firefighters that took the same test failed.
The City , afraid of lawsuit threats by politically active minister(s), threw out the test results and did not promote the man (men) as was expected to. The only argument was that the test was too hard for blacks. Liberals are racist.