| Ricci:outright reversal..5-4; Ideological lines..reverse dicscrim. | |
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| Tweet Topic Started: Jun 28 2009, 08:33 AM (3,469 Views) | |
| sdsgo | Jun 29 2009, 09:47 AM Post #16 |
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eta: Today’s opinion provides a good framework for businesses and governments to operate. Disparate results are simply a red flag telling the employer to reexamine the job applicability of the test questions and any racial bias of the test or examination process as a whole. In the absence of such a finding, the text scores must not be discarded. Edited by sdsgo, Jun 29 2009, 10:21 AM.
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| genny6348 | Jun 29 2009, 09:58 AM Post #17 |
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Genny6348
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Good news on the ruling, but bad news (5-4). I too find it shocking that 4 of them agree this is within the law. |
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| Joan Foster | Jun 29 2009, 09:58 AM Post #18 |
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n 2002, the Mayor picked Rev. Kimber to serve as theChairman of the New Haven Board of Fire Commissioners (BFC), “despite the fact that he had no experience in the profession, fire administration, [or] municipal manage-ment.” Id., at 127a; see also id., at 928a–929a. In that capacity, Rev. Kimber told firefighters that certain new recruits would not be hired because “‘they just have too many vowels in their name.’” Thanawala, New Haven Fire Panel Chairman Steps Down Over Racial Slur, Hart-ford Courant, June 13, 2002, p. B2. After protests aboutthis comment, Rev. Kimber stepped down as chairman of the BFC, ibid.; see also App. to Pet. for Cert. in No. 07–1428, at 929a, but he remained on the BFC and retained “a direct line to the mayor,” id., at 816a. Almost immediately after the test results were revealed in “early January” 2004, Rev. Kimber called the City’s Chief Administrative Officer, Karen Dubois-Walton, who “acts ‘on behalf of the Mayor.’” Id., at 221a, 812a. Dubois- Cite as: 557 U. S. ____ (2009) 5 ALITO, J., concurring Walton and Rev. Kimber met privately in her office be-cause he wanted “to express his opinion” about the test results and “to have some influence” over the City’s re-sponse. Id., at 815a–816a. As discussed in further detail below, Rev. Kimber adamantly opposed certification of the test results—a fact that he or someone in the Mayor’s office eventually conveyed to the Mayor. Id., at 229a. B On January 12, 2004, Tina Burgett (the director of theCity’s Department of Human Resources) sent an e-mail toDubois-Walton to coordinate the City’s response to the testresults. Burgett wanted to clarify that the City’s executive officials would meet “sans the Chief, and that once we had a better fix on the next steps we would meet with theMayor (possibly) and then the two Chiefs.” Id., at 446a. The “two Chiefs” are Fire Chief William Grant (who is white) and Assistant Fire Chief Ronald Dumas (who isAfrican-American). Both chiefs believed that the test results should be certified. Id., at 228a, 817a. Petitioners allege, and the record suggests, that the Mayor and hisstaff colluded “sans the Chief” because “the defendantsdid not want Grant’s or Dumas’ views to be publiclyknown; accordingly both men were prevented by the Mayor and his staff from making any statements This is outrageous! I believe we will find this sort of thing behind the Duke Frame. This is not the sort of Black Power most reasonable folks, black or white... envision. Look at the slur against Italian Americans! Yet 4 Liberal justices (more coming) want to push this kind of bigotry down our throats..and WILL! |
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| Joan Foster | Jun 29 2009, 10:03 AM Post #19 |
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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. http://www.washingtonpost.com/wp-dyn/content/article/2009/06/29/AR2009062901608_pf.html |
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| wingedwheel | Jun 29 2009, 10:12 AM Post #20 |
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Not Pictured Above
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Ginsburg had no right to promotion. Too bad Clinton promoted her.... |
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| longstop | Jun 29 2009, 10:19 AM Post #21 |
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longstop
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Remember it was 5-4 on the Second Amendement !!! We are so close to losing America. |
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| cks | Jun 29 2009, 10:45 AM Post #22 |
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What is disturbing is that four justices seem to believe that the threat that some group might object to how a test is administered justifies the throwing out of the results of said test. So, if as a businessman or a teacher I give a test and the results are not what a group wants (according to Ginsburg et al) the results of that test must be discarded because of a POSSIBLE THREAT of a lawsuit? Unbelievable. The big question now is what happens to the Sotomayer nomination. To be publicly slapped down should give the Senate much to consider as to how fully the decisions of a "wise Latina woman" constitute good interpretation of the Constitution. I for one will continue to say my prayers for the continued good health of Roberts, Alioto, Scalisi, Thomas, and Kennedy. |
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| Lodge Pro 345 | Jun 29 2009, 10:49 AM Post #23 |
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. Is there anything but a Wise Latina woman? That's what Sotomayor and her ilk are sowing, IMO. . |
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| I'mstillaRebel | Jun 29 2009, 11:00 AM Post #24 |
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Chief Justice Roberts and Justice Alito are surely George W Bush's greatest gifts to America. And I agree with cks--say your prayers every day for the continued good health of Roberts, Alito, Scalia. Thomas and even Kennedy. We need all of these men to stay put because we know for sure what will be put in their places should the opportunity present itself! |
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| Baldo | Jun 29 2009, 11:34 AM Post #25 |
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Sotomayor should be questioned directly about her beliefs regarding reverse discrimination. Does she think it is possible? Or does she believe and share another wise latina woman's viewpoint Sharon Martinas, that, REVERSE RACISM: A term created and used by white people to deny their white privilege. Those in denial use the term reverse racism to refer to hostile behavior by people of color toward whites, and to affirmative action policies, which allegedly give 'preferential treatment' to people of color over whites. In the U.S., there is no such thing as "reverse racism." Read this to understand http://www.cwsworkshop.org/pdfs/WIWS/2Understanding_Racism_Hist_Intro.PDF Taken from the works of http://www.cwsworkshop.org/resources/WhiteSupremacy.html |
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| brittany | Jun 29 2009, 11:44 AM Post #26 |
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CAN YOU imagine Ginsjurg saying they were not entiled to promotions.They passed the test.She insisted on reading it aloud. Edited by brittany, Jun 29 2009, 11:45 AM.
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| comelately | Jun 29 2009, 11:54 AM Post #27 |
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Compared to Sotomayor, Ginsburgh is not so bad... scary! |
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| Quasimodo | Jun 29 2009, 12:26 PM Post #28 |
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Justice Alito: Petitioners were denied promotions for which they qualified because of the race and ethnicity of the firefighters who achieved the highest scores on the City’s exam. The District Court threw out their case on summary judgment, even though that court all but conceded that a jury could find that the City’s asserted justification was pretextual. The Court of Appeals then summarily affirmed that decision. The dissent grants that petitioners’ situation is “unfortunate” and that they “understandably attract this Court’s sympathy.” Post, at 1, 39. But “sympathy” is not what petitioners have a right to demand. What they have a right to demand is evenhanded enforcement of the law—of Title VII’s prohibition against discrimination based on race. And that is what, until today’s decision, has been denied them. |
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| Joan Foster | Jun 29 2009, 12:28 PM Post #29 |
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Why did the Black firefighters have a "vested right to promotion?" "A vested right"...so strong... that their inability to score well enough on this test should deny others? Yet the white firefighters have none? Does the average American understand how close they are to living under this kind of warped mindset. Mose what equality for all...not this outrage. Obama will create a court that will make most of us...and our children... second class citizens. |
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| Sherp | Jun 29 2009, 12:36 PM Post #30 |
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Absolutly. Thanks George W. They are beyond brilliant and great guys, too. I will pray for the continued good health of all the Justices. Will we ever get Souter out of town? I like Judge Sotomayer a lot and hope she gets confirmed soon. She is not the first to be reversed nor will she be the last and four justices did agree with her. Edited by Sherp, Jun 29 2009, 12:38 PM.
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