Supreme Court Overturns Nominee Sonia Sotomayor Judgment
by Clint Bolick, Forbes: Today the U.S. Supreme Court struck down a New Haven, Conn., decision [5-4] to jettison a firefighter test that the city felt promoted too few minorities, overturning a ruling by Sonia Sotomayor, the appellate judge who likely will join the Court this October. . . .The Court's majority agreed. In this case, the city painstakingly developed a promotion examination linked to job performance. However, as Justice Anthony Kennedy observed for the majority, "after the tests were completed, the raw racial results became the predominant rationale for the city's refusal to certify the results." When no blacks and only two Hispanics qualified for promotion, the city threw out the test rather than face an adverse-impact lawsuit from minority candidates. That, the Court ruled, violated the rights of the non-minority candidates who studied hard and passed the exam.
Judge Sotomayor has faced intense criticism for her appeals-court ruling that upheld the decision to throw out the examination because the city was between a legal rock and a hard place. Judge Jose Cabranes, her colleague and mentor on the U.S. Court of Appeals for the Second Circuit, castigated the cursory decision for failing to confront "indisputably complex and far from well-settled questions." The Court corrected that deficiency, ruling that an employer need not fear an adverse-impact lawsuit unless there is a "strong basis in evidence" that the tests are discriminatory. Given New Haven's efforts to develop a fair test, it could not throw out the results based merely on a fear of litigation. . . .
Meanwhile, the Court remains closely divided on issues that go to the core of American values. Sonia Sotomayor's confirmation will not likely change the mix, because Justice David Souter, the man she will likely replace, votes consistently to uphold racial preferences. But the Court's decision sends a signal that as a justice, Sotomayor will have to give these issues far more thought and effort than she did in this case. . . .[Full Story]
Tags: Connecticut, employment discrimination, New Haven, nominee, SCOTUS, Sonia Sotomayor, Supreme Court, SCOTUS To share or post to your site, click on "Post Link". Please mention / link to the ARRA News Service. Thanks!
Posted by Bill Smith at 2:11 PM - Post Link
13 Comments:
apparently her rich ethnic background doesn't mean squat for brains in the Supreme Court's opinion.
Well, the Supreme Court has overturned 60% of her rulings. She is a racist and does not belong on the Supreme Court, especially when they keep on overturning her rulings.
Marina,
Again its even worse - 66% - almost 70% overturned. I call that a failing judge. Right yp Obama's alley, I guess.
She was born in America,so what I'm not understanding is how she can say her Latina background makes her a better candidate for this spot.Why can she not be Mexican-American or something like that?Why are non white people so afraid to call themselves American.My roots are Irish,therefore,I'm Irish-American.But I'm 100% American first!!!!
James,Like you I am Irish - actually 100% but was adopted so I have a different last name now. But also like you I am 100% American not Irish-American.
Thank you Marina,I was begining to wonder if I was the only one with cahona's enough to call her wht she is!!!!!
Thank heaven, what goes around comes around, is finally comming around our way!! She has used the bench to push her racist agenda...glad she is getting it back! she does not belong in any county court, much less the supreme court!!
My Gene Pool represents at least 7 diff tribes of the planet. I should be a judge! I got everyone covered! Nawwww I'll leave that up to God ♥ He's knows them better than any of us..
God....She looks so much like Rosie O'Donnell in that picture!!!
You are welcome James. I am just so sick and tired of being called a racist because I disagree with Obama's policies and I am a conservative. But these liberals need to resort to name calling because of their lack of information. They don't know what is going on in the world and they don't care. They just defend for the heck of it and insult ... Read Morethose that don't agree with the Communists and their agenda. Sotomayor does not belong on the Supreme Court. Who writes a quote from a Communist on their friends' yearbooks? Who in their right mind does that. She does!!!
good one, Doug! Wouldn't you love to slap the smirk off her face?
This is an example of why Ms Sotomayor is not qualified to be on the Supreme Court. This case would not have ever had to go to the U.S. Supreme Court if it would have been dealt with properly when Ms Sotomayor's court saw this case.
The U.S. Supreme Court does make a righteous ruling once in awhile, but this case was such a "no-brainer." The ... Read Moreruling should have been 9-0 instead of 5-4. Makes you wonder what the 4 opposing justices are thinking--they are certainly not concerned about real justice!
A right decision for the US Supreme Court---she definitely discriminted against the white firefighters. It's about time!
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