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  1. #1
    countybear's Avatar
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    High Court Rules Against Sotomayor Decision

    Court rules for white firefighters over promotions

    By MARK SHERMAN
    Monday, June 29, 2009 10:27 AM

    WASHINGTON -- The Supreme Court ruled Monday 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.

    "Fear of litigation alone cannot justify an employer's reliance on race to the detriment of individuals who passed the examinations and qualified for promotions," Justice Anthony Kennedy said in his opinion for the court. He was joined by Chief Justice John Roberts and Justices Samuel Alito, Antonin Scalia and Clarence Thomas.

    In dissent, Justice Ruth Bader Ginsburg said the white firefighters "understandably attract this court's sympathy. But they had no vested right to promotion. Nor have other persons received promotions in preference to them."

    Justices Stephen Breyer, David Souter and John Paul Stevens signed onto Ginsburg's dissent, which she read aloud in court Monday.

    Kennedy's opinion made only passing reference to the work of Sotomayor and the other two judges on the 2nd U.S. Circuit Court of Appeals who upheld a lower court ruling in favor of New Haven.

    But the appellate judges have been criticized for producing a cursory opinion that failed to deal with "indisputably complex and far from well-settled" questions, in the words of another appeals court judge, Sotomayor mentor Jose Cabranes.

    "This perfunctory disposition rests uneasily with the weighty issues presented by this appeal," Cabranes said, in a dissent from the full 2nd Circuit's decision not to hear the case.

    "The American Republic will endure until the day Congress discovers that it can bribe the public with the public's money."
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  2. #2
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    I'm sure the life experiences of Hispanic female fire fighters would make them more capable of fighting fires than white male fire fighters.

    Meanwhile, fishing in Russia:

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  3. #3
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    Going to be all smiles on the court, eh?

    Pray for every one of the five, that they may live to retire for a Republican conservative.
    I'm your huckleberry...

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  4. #4
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    I have a dream that my four little children will one day live in a nation where they will not be judged by the color of their skin but by the content of their character. - Dr. Martin Luther King, Jr.
    The city said that it had acted to avoid a lawsuit from minorities.
    Is this the dream that Dr. King spoke of? I think not. I believe that it is quite the opposite.

    "The American Republic will endure until the day Congress discovers that it can bribe the public with the public's money."
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  5. #5
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    Sotomayer's decisions are overturned at an alarming rate.

  6. #6
    MacLean's Avatar
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    Quote Originally Posted by Terminator View Post
    Sotomayer's decisions are overturned at an alarming rate.
    She ranks right up there with the 9th circuit, or close to it.
    I'm your huckleberry...

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  7. #7
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    I know in this day and age it apparently sucks to tell the truth, but really, couldn't the fire department have just said: "These are the guys that passed and get promoted. I'm sorry some of the minorities didn't, but I guess they'll just have to get their shit together and try again."????
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  8. #8
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    Quote Originally Posted by irishmick View Post
    I know in this day and age it apparently sucks to tell the truth, but really, couldn't the fire department have just said: "These are the guys that passed and get promoted. I'm sorry some of the minorities didn't, but I guess they'll just have to get their shit together and try again."????

  9. #9
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    Quote Originally Posted by irishmick View Post
    I know in this day and age it apparently sucks to tell the truth, but really, couldn't the fire department have just said: "These are the guys that passed and get promoted. I'm sorry some of the minorities didn't, but I guess they'll just have to get their shit together and try again."????
    That'll never happen - Someone would accuse the Fire Chief of "Hate Speech"

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  10. #10
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    Quote Originally Posted by irishmick View Post
    I know in this day and age it apparently sucks to tell the truth, but really, couldn't the fire department have just said: "These are the guys that passed and get promoted. I'm sorry some of the minorities didn't, but I guess they'll just have to get their shit together and try again."????
    +1




  11. #11
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    Quote Originally Posted by irishmick View Post
    I know in this day and age it apparently sucks to tell the truth, but really, couldn't the fire department have just said: "These are the guys that passed and get promoted. I'm sorry some of the minorities didn't, but I guess they'll just have to get their shit together and try again."????
    Agreed! Good for them. It's about time. We all need to be recognized on our own merits and not the fact whether we are a minority or not. This kind of promoting because we don't have this or that minority in the system, irks me to no end.


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