A loaded court decision
As anyone with an ounce of political sense can tell you, the U.S. Supreme Court's decision Monday in a case involving white firefighters in New Haven, Conn., will affect more than just promotions to the offices of lieutenant and captain. They will be used as lighter fluid on the already hot coals of Sonia Sotomayor's nomination to the high court.
That's why the Obama administration quickly followed the 5-4 ruling with an odd, almost Orwellian statement that said the ruling actually works in Sotomayor's favor. It shows she is not an activist judge, presidential spokesman Robert Gibbs said. This is because the 2nd Circuit Court decision, written by Sotomayor and two other justices, followed precedent set in that circuit. Ergo, Sotomayor is not an activist judge, he said.
Or perhaps she simply believes in race-based quotas. The truth is, had Sotomayor ruled differently, that would have been truly remarkable, because it would have run counter to her own judicial philosophy.
In reality, this court decision isn't likely to affect Sotomayor's confirmation process much, other than to give the few Republicans in the Senate some strong talking points. But it does illustrate the basic philosophical differences between liberal and conservative justices, especially in regard to racial preferences.
When New Haven needed to promote firefighters, it hired a firm to design a test that would identify the most qualified applicants. A total of 56 firefighters passed the test. That included 22 blacks and 18 Hispanics. But the highest scores went to 17 whites and two Hispanics. One of the men who scored the highest, Frank Ricci, worked hard to overcome his dyslexia, converting text to tape to help him study, according to McClatchy Newspapers.
But the city withdrew the exam for fear it would be sued under the Civil Rights Act of 1964. The city (and the courts) never found any flaw in the exam. It simply worried about the racial makeup of those who passed it.
The Supreme Court, by a 5-4 decision, said the fear of a lawsuit alone was not enough justification to discriminate against those who had passed the test. The liberal response came in a dissent by Justice Ruth Bader Ginsburg, who said the white firefighters "had no vested right to promotion."
Well, of course they didn't. Neither did the test-takers of other races. The city's interest should be in promoting the firefighters best qualified to do the job. That is the interest of city residents, as well, who may have to rely on those lieutenants and captains to protect their property. If the city's test didn't accomplish that, or if it was skewed in some way to eliminate people of a certain race, that also would be to the detriment of the city and its residents.
New Haven never showed the tests were flawed. Common sense should indicate that, although it is unfortunate more minorities didn't score high, the results ought to stand. Sotomayor, however, disagreed.
Recent comments
For those that think a firefighter does not need to be able to read...
The Deuce | July 3, 2009 at 8:26 p.m.
@3:00
We seem to keep getting hung up on the point of...
Joe Moe | July 3, 2009 at 3:22 p.m.
"courts and judges are intended to apply the law in specific cases,...
@Joe Moe | July 3, 2009 at 3:00 p.m.
- Grizzlies lend forward to AHL team 2:06 a.m.
- Basic Sports Training clinic Saturday 2:06 a.m.
- Tony Finau reaches Big Break finale 2:05 a.m.
- Chicken-lovers dance for free food 2:02 a.m.
- Kansas' Secret Santa gives away $ 1:24 a.m.
- 75 hostages seized in Phillippines 1:24 a.m.
- Gates: US to be Afghan partner 1:23 a.m.
- Al-Qaida claims credit for blasts 1:23 a.m.
- Utah Utes campus briefs 12:39 a.m.
- SUU campus briefs 12:37 a.m.
- Hot Rod behind mic for Lakers
- Max Hall wants to look ahead
- Cougars use depth to beat ASU
- Panel passes BCS playoff bill
- Non-BCS schools not given fair shot
- Psychologist: Mitchell schizophrenic
- Crash landing next to I-15
- Palin signs books, chats with fans
- Snow brings big chill
- Jazz go up against 'the best'
- Letters: Global warming a lie
229 - TCU to play Boise in Fiesta Bowl
206 - BYU football: Bronco weighs in on Hall
184 - Cougars going back to Vegas
150 - Utah/BYU rivalry can be more civil
147 - Andersen apologizes for Jordan hoax
138 - Max Hall wants to look ahead
119 - Revive full food tax?
100 - Yet again, we learn BCS is a big joke
94 - Palin signs books, chats with fans
94
Love him or hate him, Utah Sen. Orrin Hatch knows how to get attention.
For the latest news in the health care debate and how it affects you...
Top 5 Players in minutes played: Utah 1 Fr, 2 Jr, 2 Sr Jr Carlon Brown...
Yep "self righteous" if the rest of us who don't rubber neck left, you would...
Thank you for keeping the team here for all of these years, and for always...
of misery, inconsistency, road games losses and of course, NO TITLE ! Long...
Glad to hear about Matt and the others who demonstrate you can play at a high...
I guess they forgot that God made clothes for Adam and Eve and that was...
and good luck.
There is an inherent problem in any rating system -- it takes into account...
Give Phillips some credit. He was 5/5 in field goals in the YBU game, and the...
Mr. Bender's kind of thinking doesn't even acknowledge that the world is...

