So much for our wise Latina who feels she is a better justice than your average white man due to the tint of the kin she was born it. Sonia Sotomayor's controversial ruling denying white firefighters a promotion because no blacks were being promoted with them has been reversed:
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.
Justice Ginsberg twists the phrase "rights" here into a pretzel to try to justify the discrimination against whitey:
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."
"No vested right"? Maybe, but when you're told there are promotions up for grabs, and you achieve a top grade, only to be denied said promotion due to the color of your skin, isn't that discrimination, regardless or not anyone else was promoted? Or are "rights" variable, dependent upon skin tone?
Sotomayor's incompetence, clearly displayed in this reversed decision, as well as her ideological affinity with the bizarre, one-sided social justice of Ginsburg, makes her unsuited to sit on the court. If justice is not blind, but is weighted by race, wealth, and individual conceit, then the foundation of this great nation turns to salt, and the House itself will crumble.
I hope the Republicans in the Senate give her holy hell this July 13th....
Update: More here -
This ruling is the latest in a series of steps the Court has taken to strike down race-conscious actions that violate individual rights—and thus is a blow both to the Obama administration (which sided with the city in Ricci) and to the nomination of Judge Sotomayor. Those who bring cases before the courts deserve much more than empathy or even “sympathy”—the word Justice Ginsburg uses in her dissent—they deserve equal treatment under the law.
And it's not just the decision making, it's Sotomayor's whole judicial "process" that's unworthy:
Judge Sotomayor thought it appropriate to use an unpublished summary order to dispose of the claims of the New Haven firefighters in Ricci v. DeStefano. Today the Supreme Court issued 93 pages of opinions in the case that Sotomayor acted to bury.
Further, although there is a sharp 5-4 divide among the justices, not a single justice thought that Judge Sotomayor acted correctly in granting summary judgment for the City of New Haven.