Free Markets, Free People


Sotomayor Overturned? (Update)

From Twitter a minute ago:

NYT NEWS ALERT: Supreme Court Rules for White Firefighters in Affirmative Action Case

This could give new legs to the opposition of Sotomayor’s nomination.

Again, developing …

UPDATE:  The Washington Post confirms.

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.

I’d say that’s a fairly significant ruling and certainly the opposite of what Sotomayor held. Of course, if Sotomayor was on the court right now (and hadn’t had to recuse herself for hearing the case in a lower court) she wouldn’t have made any difference since David Souter, the justice she’s slated to replace, voted in the minority.

More here.

~McQ

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10 Responses to Sotomayor Overturned? (Update)

  • 5-4 eh, that looks familiar – guess Kennedy’s coin came up tails this time.

  • Imagine, if you will, that when Alito or Roberts was nominated that one of their leading decisions was overturned by the US Supreme Court…and it dealt with denying civil rights to people based on the color of their skin.

    Can you see the Democrats not instantly going before each microphone they could find, denouncing Alito, Roberts, or whomever, as a “heartless” individual who does not care about minorities? That he/she refused to allow “empathy” or the law to dictate that “fairness” be given to people who just wanted a job? And can you see the reaction of the MSM? MSDNC having “breaking news” hissy fits, and Keith Dimbulbermann denouncing Bush for naming such a hater of minorities. Or the loons at DailyKos calling for the withdrawal of the nominee because of this one decision?

    In this case, however, you get a huge “yawn” from the media, and Patrick Leahy (Dummy-VT) has already stated that this decision should not be used in any way against Sotomayor. Wait until the White House has their barking dumbsh*ts get out with the daily talking points to denounce those who wish to “divide us because of race.”

    Denying someone their civil rights based on the color of their skin is a crime. As far as I am concerned, Sonia Sotomayor enabled that crime by allowing it to go unchallenged, even denouncing those who deigned to protest in one thin paragraph. She should not be confirmed for the US Supreme Court for this one single reason. A racist is a racist is a racist. She is a racist. There…I said it.

  • Wise Latina woman made a bad decision.

  • James Madison, I understand that it’s hard to keep up on judicial decisions when you’ve been dead so long, but Roberts actually was overturned:

    http://www.samefacts.com/archives/law_notes_/2009/06/the_ricci_decision_a_proposed_deal_for_conservatives.php

  • Now Gibbs at WH is spinning that is was a sign she followed precedent of the 2nd Circuit in her ruling and that it was a good thing.
    As for the Supremes they “had a new interpretation of Title VII of the Civil Rights Act”.  Huh?  The same title 7 that says you can’t discriminate because of race or color?  And preventing these guys from getting their promotions because there weren’t any of one  race/color in the mix was okay?
    “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.”

  • Don’t forget, Appeals Court justices don’t have the same leeway to rule as Supreme Court justices.  One might vote one way on the Appeals court, based on past precedents from the Supreme Court, but once a Supreme Court justice, vote a different way.   At least, if they’re doing what they are supposed to do as judges (not just ruling on subjective view on the issue), an Appeals vote is not predictive of a Supreme Court vote.

    • If only there was some evidence how she really feels about race… some statement made outside the courtroom…maybe we’ll never know.

    • Appeals Court justices don’t have the same leeway to rule as Supreme Court justices

      All 9 Justices agreed that she was wrong to grant summary judgment to the City of New Haven. All 9, Erb. It had nothing to do with a lack of “leeway.”

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  • She’s had 7 out of 8 cases brought to the Supreme Court OVERTURNED. I’m all for giving losers a second chance, but this is ridiculously poor performance. It’s like giving the trophy to the loser. Then again, Democrat fraud did this with Al Franken. Maybe they can do it again.

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