In its last full day, the Supreme Court ruled today that white firefighters in New Haven, Conn were denied promotions because there were indeed white. You may remember all the talk about Sotomayor being the greatest judge to live in all of time.

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New Haven CT Promotion Case Overturned

Never mind the fact that 75% of her rulings were overturned. But Obama places her in the high court as window dressing for the Hispanic vote.

And of course in dissent Justice Ruth Bader Ginsburg said the white firefighters “understandably attract this court’s sympathy. But they had no vested right to promotion. (Other then the fact they passed the test Ruth.) Nor have other persons received promotions in preference to them.” Thank you Ruth, the doctor called, your meds are ready. Why is this woman on the court? Maybe we should all send her a copy of the U.S. Constitution.

The high court said New Haven was wrong to deny 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 city was afraid if they promoted the white firefighters based on the exam results that there might be a lawsuit from minorities.

I don’t know but I hope New Haven has cleaned house of the idiot lawyers (My apologizes to idiots everywhere.) that made the decision that lead to the lawsuit. Did they not thing the white firefighters might sue?

Justice Anthony Kennedy said in his opinion for the court that, “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.” It can when race is more important than having the best and brightest regardless of race.

He was joined by Chief Justice John Roberts and Justices Samuel Alito, Antonin Scalia and Clarence Thomas. And gee what a surprise, Justices Stephen Breyer, David Souter and John Paul Stevens signed onto Ginsburg’s dissent.

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. I am sure Sotomayor thought the Hispanics would make better decisions then the whites or the blacks based on the fact they were Hispanics.

In the original case, New Haven needed to fill vacancies in the department for lieutenants and captains. So they hired a private firm to make a test for the positions. The test was given to 77 candidates for lieutenant and 41 candidates for captain.

The results were that 56 passed, including 41 whites, 22 blacks and 18 Hispanics. Because, the city says, only 17 whites and 2 Hispanics could expect promotions, they decided not to use the exam in determining promotions. Seems there were concerned the exam might have a “disparate impact” on minorities in violation of the Civil Rights Act of 1964. The white firefighters felt the city’s decision also violated the prohibition on intentional discrimination. Apparently it is not intentional to discriminate against whites.

I was taught that discrimination is discrimination. I now know different.

This ruling could impact employment practices by making it harder to prove discrimination when there is no evidence that it was intentional. Kennedy said an employer needs a “strong basis in evidence” to believe it will be held liable in a disparate impact lawsuit. New Haven had no such evidence, he said.

The city could not determine what if any problems were in the test other then it was racially skewed. I have to wonder why race plays a role in management and firefighting. Do people of color manage and fight fires differently then whites? Sotomayor and the liberal Justices on the Supreme Court must think so.

Obama will continue to place more window dressing on the high court to please his fan base. I guess justice had eye surgery because it is no longer blind.