SCOTUS Reverses Firefighters Ruling by Sotomayor

[d90king]

Looks like SCOTUS has reversed Judge Sotomayor in firefighters discrimination ruling! Link to follow...
http://www.foxnews.com/

[Guns4Fun]

As they should have. It's a good thing we have checks and balances. It's even better when they work.

And to think she is O's pick to be a SCJ

[thundrr1]

AP

WASHINGTON (AP) - June 29, 2009 -- The Supreme Court has ruled 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.

http://abclocal.go.com/wpvi/story?se...rld&id=6889036

Maybe a chance to see her booted (not that Obama will replace her with someone closer to center).

George

[xdfireguy]

Link for those who are lazy like me

and text:
Court Rules for White Firefighters in Discrimination Case
Monday, June 29, 2009

WASHINGTON — DEVELOPING: 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.

This is a developing story. Refresh page for updates.

[pyld]

Here is the opinion.

Scalia points out that the court sidestepped the larger issue of whether affirmative action is an equal protection violation. That would have been the big win, but this certainly works.

Alito hit the district and appeals courts pretty hard in his concurring opinion, which is also worth a read.

[headcase]

I love Ginsberg. "But they had no vested right to promotion. Nor have other persons received promotions in preference to them." Ummm...they passed the test, they did so in a manner that put them ahead of others who also pased the test, leaving them, through their hard work, as the ones who would fill the open slots. Then they had those positions taken away from them because the city feared being sued by the minority section who had done worse on the test.. That is why "Nor have other persons received promotions in preference to them.", and sorry honey, but by virtue of having done better than everyone else on the test, they did have a "vested right to promotion"... the fucking stupidity that we can expect if just one of the current five in the majority decides to retire is almost unfathomable.... I would gladly get on board with having money taken from my pay to supplement these five's salarys if it would induce them to ride out the current admin....

[Morel42]

I love Ginsberg. "But they had no vested right to promotion. Nor have other persons received promotions in preference to them." Ummm...they passed the test, they did so in a manner that put them ahead of others who also pased the test, leaving them, through their hard work, as the ones who would fill the open slots. Then they had those positions taken away from them because the city feared being sued by the minority section who had done worse on the test.. That is why "Nor have other persons received promotions in preference to them.", and sorry honey, but by virtue of having done better than everyone else on the test, they did have a "vested right to promotion"... the fucking stupidity that we can expect if just one of the current five in the majority decides to retire is almost unfathomable.... I would gladly get on board with having money taken from my pay to supplement these five's salarys if it would induce them to ride out the current admin....

Welcome to the past 50 years

It's always been this way.. The court has always seemed one Justice away from total fuck-nut-ery (tm)

[Coops]

I am continually alarmed that SCOTUS decisions are always 5-4. One man or woman changes their mind and the country takes an entirely different path for the next century.

The city claims to have discriminated against the White and Hispanic firefighters because they feared a lawsuit from the Black firefighters. Well they got a lawsuit anyway which reinforces a comment made in the decision that threat of a lawsuit should not dictate policy.
If everyone agreed that the test was how leaders were to be picked and then when the results came in, the city decided not to use the test, it seems obvious that they broke their own law.
I find it hard to believe that you could find four honest people that could rule otherwise without a political agenda.

As for Sodamayor, I think she leads the league in overturned cases.

[CHEMICAL]

I love Ginsberg. "But they had no vested right to promotion. Nor have other persons received promotions in preference to them." Ummm...they passed the test, they did so in a manner that put them ahead of others who also pased the test, leaving them, through their hard work, as the ones who would fill the open slots. Then they had those positions taken away from them because the city feared being sued by the minority section who had done worse on the test.. That is why "Nor have other persons received promotions in preference to them.", and sorry honey, but by virtue of having done better than everyone else on the test, they did have a "vested right to promotion"... the fucking stupidity that we can expect if just one of the current five in the majority decides to retire is almost unfathomable.... I would gladly get on board with having money taken from my pay to supplement these five's salarys if it would induce them to ride out the current admin....

same thing happened to my father in law, who is an old school tool and die maker from argentina.(who went through ellis island and fought for citizenship)..there was an opening at his company for a higher position and he got passed up for a "minority" who had recently started the job and was still BEING TRAINED to be half as good as my father in law.the double standards in this great country of ours makes me sick!..equality means equal for all..not equality or superiority for some when they say so!

also ILLEGAL means AGAINST THE LAW why is there so much debate about the rights of illegal immigrants?...theyre ILLEGAL!..when you break the law you voluntarily give up your right to freedom and the benefits of our society.
this issue is a huge thorn in our side.

i have no problem with immigration as long as its done legally,shit we are all immigrants and we built a great nation.but no one should be able to sneak in here and reap the rewards or our labor, and of those who have died for their country, and give nothing back.

[adymond]

How many times did Alito mention what a reasonable jury should have concluded? Could he have slammed the lower courts any more in his opinion? He all but said they were idiots who were ideologically driven.

My head now hurts after reading all of that. I wish it were more layman friendly.