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Supreme Court Overturns J. Sotomayor in Ricci v. DeStefano

The Court holds 5-4 that New Haven's decision to discard the test results because too few non-Hispanic minorities passed violated the Civil Rights Act.

Opinion is here (PDF). Kennedy wrote the majority opinion, joined by the Chief Justice and Justices Scalia, Thomas, and Alito. The liberal four dissented in an opinion drafted by Justice Ginsburg.

Reading it now; updates to come.

More: Alright. As with the Section 5 Voting Rights Act case last week, the Court avoids the constitutional issues and attempts to resolve the dispute according to the existing statutory scheme. In this case that means resolving the conflict between two sections of Title VII of the Civil Rights Act.

Under Title VII, New Haven was prohibited from intentional acts of employment discrimination based on race. This is called disparate treatment. Title VII also prohibits policies or practices that are not intended to discriminate but in fact have a disproportionately adverse effect on minorities. This is called disparate impact. Disparate impact is often demonstrated with statistical analyses.

The facts of this case set the two types of prohibited conduct against each other. New Haven could either intentionally discriminate against the successful white and Hispanic candidates or its firefighter promotion policy (based on the test results) would have a disproportinately adverse impact on black candidates.

And more: Prior to this decision some lower courts--including the district court in his case--believed that actions taken to avoid disparate impact simply cannot be considered disparate treatment. But now the Court says:

All the evidence demonstrates that the City chose not to certify the examination results because of the statistical disparity based on race—i.e., how minority candidates had performed when compared to white candidates. As the District Court put it, the City rejected the test results because “too many whites and not enough minorities would be promoted were the lists to be certified.” Without some other justification, this express, race-based decisionmaking violates Title VII’s command that employers cannot take adverse employment actions because of anindividual’s race.

Whatever the City’s ultimate aim—however well intentioned or benevolent it mighthave seemed—the City made its employment decision because of race. The City rejected the test results solely because the higher scoring candidates were white. The question is not whether that conduct was discriminatory but whether the City had a lawful justification for its race-based action.

Ultimately, the Court holds (borrowing from equal protection cases) that before an employer can engage in intentional discrimination to avoid disparate impact, the employer must have a "strong basis in evidence" to believe it will be subject to disparate impact liability if it fails to take the race-conscious, discriminatory action. That determination rests on the facts of the particular case.

In this case, the majority determined that New Haven had no strong basis in evidence to believe it would be subject to liability (not just litigation, but actual liability) had it certified the firefighter exam results. The test was objective, and taken for a job-related purpose (obviously). Fear of litigation does not justify disparate treatment.

Last Update: Justices Scalia and Alito have interesting concurring opinions (especially Alito), but its stuff we've all heard before. The interesting thing--to me, anyway--is just how far apart the majority and the minority are. The majority have no problem believing that when Congress said "no hiring decisions based on race" they really meant it. The minority justices are ready to forgive hiring decisions based on race, so long as the right race comes out ahead:

Here's Justice Kennedy warning of what the Court absolutely must avoid:

A minimal standard could cause employers to discard the results of lawful and beneficial promotional examinations even where there is little if any evidence of disparate-impact discrimination. That would amount to a de facto quota system, in which a “focus on statistics . . . could put undue pressure on employers to adopt inappropriate prophylactic measures.” Watson, 487
U. S., at 992 (plurality opinion). Even worse, an employer could discard test results (or other employment practices) with the intent of obtaining the employer’s preferred racial balance.

And here's Justice Ginsburg on her preferred outcome:

By order of this Court, New Haven, a city in which African-Americans and Hispanics account for nearly 60 percent of the population, must today be served—as it was in the days of undisguised discrimination—by a fire department in which members of racial and ethnic minorities are rarely seen in command positions.

[...]

It is indeed regrettable that the City’s noncertification decision would have required all candidates to go through another selection process. But it would have been more regrettable to rely on flawed exams to shut out candidates who may well have the command presence and other qualities needed to excel as fire officers.

"Command presence and other qualities" is Justice Ginsburg's euphemism for candidates with the right race.

She complains that the Court does not remand for further fact-finding, but she can hardly complain when both the district court and the Second Circuit bolstered their flawed conclusions by holding that the facts were not in dispute.

Posted by: Gabriel Malor at 09:29 AM



Comments

1 I was afraid of this.

Posted by: A Wise Latina at June 29, 2009 09:31 AM (xOlGW)

2 shocked, shocked i tell ya

Posted by: trailortrash at June 29, 2009 09:32 AM (pseS/)

3 Haven't Hispanic gotten the news?

There is an AA pecking order.

Posted by: eman at June 29, 2009 09:33 AM (fpywm)

4 I was afraid of this.

So were we.

Posted by: Racist Blacks at June 29, 2009 09:33 AM (Q1lie)

5 This is certainly worthy of a flaming skull.

Posted by: t.ferg at June 29, 2009 09:34 AM (nF4Jh)

6 All the more reason to confirm Sonia the Wise, so will say Obama and the MSM (redundant, actually).

Posted by: Bat Chain Puller at June 29, 2009 09:34 AM (SCcgT)

7 The weird thing is wouldn't SCOTUS have had to overturn their own precedent to rule in favor of New Haven? Aren't quotas right out now?  How can there be "too few" if there isn't supposed to be any quotas?

Posted by: Rocks at June 29, 2009 09:36 AM (Q1lie)

8 From what I gathered from a quick glance of the decision the Majority opinion basically says this is a no-brainer. I suspect the Dissent is (what's the right word?) sophisticated.

Posted by: eman at June 29, 2009 09:36 AM (fpywm)

9 Actually, with that split, Sotomayor's vote wouldn't have changed anything.

Posted by: Techie at June 29, 2009 09:36 AM (cxW4X)

10 I was afraid of this.

Us too.

Posted by: Thai Gay and Lesbian Tranny Hooker Assoc. at June 29, 2009 09:36 AM (ZGhSv)

11 Free at last, free at last.  Thank God Almighty, we are free at last.

Posted by: Big Dan at June 29, 2009 09:36 AM (IlHhR)

12 6 All the more reason to confirm Sonia the Wise, so will say Obama

So say we all.

Posted by: The MSM at June 29, 2009 09:37 AM (xOlGW)

13

5-4? Same as 2nd amendment? Zero aims to fix that little discrepancy.

Posted by: maddogg at June 29, 2009 09:39 AM (OlN4e)

14

Well, dat's the facts jack.  I am beginning to think the thought that Soyo's nomination might make Kennedy a more reliable conservative is coming true.

Let's pray so.

Kemp

Posted by: kempermanx at June 29, 2009 09:39 AM (qvT/A)

15

Did anybody miss me yet?

 

Posted by: Michael Jackson at June 29, 2009 09:40 AM (5V/kc)

16

OT

An Endangered America

http://tinyurl.com/kmrhyv

Good read about our history and why we must stand up for those they came before us

Posted by: momma at June 29, 2009 09:40 AM (penCf)

17

I think this decision is GREAT!

 

Posted by: TypicalWhitey at June 29, 2009 09:40 AM (xeVap)

18 Do these people have copies of the same Constitution?

Posted by: huerfano at June 29, 2009 09:40 AM (knHvu)

19 Techie, Kennedy is variable enough (although not as bad as O'Connor) that we can't allow him to flip his coin every time a silly decision reaches that Court.

Posted by: Zimriel at June 29, 2009 09:40 AM (GwV+j)

20

Better here

Read the separate concurring opinion

 

This thing is 93 pp long. That is a lot to just say the law says there will be no use of race in hiring/firing/promotion policies and this was an obvious case of race-based promotion strategy.

 

What the concurring opinion says (the second one) is there is a lot more going on behind the scenes with this case.  (note that this shit is news to most of us because the MSM has never reported it)  There is a hate-mongering black racist preacher who greatly influenced the city in this affair.  Now doesn’t that sound familiar?

 

I note also the stupid dissent from Ginsberg et al. It is OK to discriminate if the ‘victims” are white.  Took them a lot of words to say that.

 

The damn scary thing is that we survived only because asshole Kennedy got up on the correct side of the bed this time.

 

Posted by: Vic at June 29, 2009 09:41 AM (5ynkO)

21

Don't f*ck with us.  Ability over color. What a glorious day.

Just saying.

Posted by: white powerful racists men at June 29, 2009 09:41 AM (penCf)

22

BTW; question of the day….when did “Hispanic” become a race?

Posted by: Vic at June 29, 2009 09:42 AM (5ynkO)

23 No quote summarizes the idiotic and fraudulent nature of Soto's views better than this sentence.

The white and hispanic firefighters did not create the test - they just took it after years qualifying to take it and studying.   but Soto, in her "racial consciousness" extremism, says to the discriminated against firefighters:

“We’re not suggesting that unqualified people be hired, the city’s not suggesting that,” she told a lawyer for the white firefighters. But “if your test is going to always put a certain group at the bottom of the pass rate so they’re never, ever going to be promoted, and there is a fair test that could be devised that measures knowledge in a more substantive way, then why shouldn’t the city have an opportunity to try to look and see if it can develop that?”

the sad truth here is that the test was FAIR.  The only thing that makes the test "unfair" in the hard leftist mind, and in Soto's mind, is that the correct groups DID NOT PASS.

The quote is such a tragedy for American law - Soto claims the test will "always put a certain group at the bottom" so "they're never ever going to be promoted" - while the only evidence for EITHER Soto claim is just that this particular set of PEOPLE who did well on the test happened to be white and hispanic instead of black. 

 

If this type of insane thinking is installed on the Court, this country is doomed.

Posted by: Anti-Harkonnen Freedom Fighter at June 29, 2009 09:42 AM (5r0Tz)

24 Some of the Supreme Court members could use me. Perhaps you can, too.

Posted by: lace wigs at June 29, 2009 09:42 AM (vcu4T)

25

Not so wise Latina.

Posted by: EC at June 29, 2009 09:42 AM (mAhn3)

26 CNN isnt even reporting this - all they'r etalking about is Madoff.

unreal.

Posted by: Anti-Harkonnen Freedom Fighter at June 29, 2009 09:43 AM (5r0Tz)

27 Not in my name!

Posted by: Fairness at June 29, 2009 09:43 AM (4s1it)

28

I long for the days when the main thing that was considered in the job market was that old-fashioned notion of "qualifications".

*sigh*

Posted by: BackwardsBoy at June 29, 2009 09:44 AM (ZGhSv)

29 Let's pray for the health of the 4+1. Otherwise, it could be a very long 4/8/12/16 years.

Posted by: In Exile at June 29, 2009 09:44 AM (vhv8+)

30 #22

Mid-80s, I think.  About the same time we started calling people whose families lived in New York or Michigan for 7 generations "African" Americans.

A term, which oddly enough, didn't apply to my friend whose family moved here from Egypt when he was 5.

Posted by: Techie at June 29, 2009 09:44 AM (cxW4X)

31

Someone needs to see how many times you can fit SotoBitch's ruling into the SCOTUS ruling.

 

Wait, if she is voted for SCOTUS, isn't that the exact opposite of what SCOTUS just ruled?  She gets it:  color over ability   Scotus' ruling:  ability over color.  That is some crazy sh*t I tell ya!

Posted by: momma at June 29, 2009 09:45 AM (penCf)

32 Politico already spinning for Soto - says the court of appeals decision was unanimous so hardly not "mainstream" - conveniently leaves out the fact that motion to rehear in full panel on court of appeals was razor thin margin against.
REVERSED -- Justice Anthony Kennedy, writing for a court split 5-4 along ideological lines, reversed an appeals court ruling Sotomayor joined last year that rejected a claim that the City of New Haven, Conn. discriminated against white firefighters by throwing out a promotional exam after all the African-American firefighters who took it scored too poorly to be promoted.

The ruling will be portrayed as a snub to Sotomayor, but the fact that four judges agreed with her position suggests that her assessment of the case was hardly outside the mainstream.The 5-4 decision is posted here on the Supreme Court website. -- Josh Gerstein (10:19 a.m.)

Posted by: Anti-Harkonnen Freedom Fighter at June 29, 2009 09:46 AM (5r0Tz)

33 So whats the "Wise Latina Decisions Overturned By Higher Court" count up to now?

Posted by: Nico at June 29, 2009 09:46 AM (F6Jj4)

34 Well, the obvious solution is to promote her to the Supreme Court.  Voila, no more overturning of Wise Latina Decisions (TM).

Posted by: Techie at June 29, 2009 09:47 AM (cxW4X)

35 Awesome. Let's make the "perfect affirmative action baby" choke on this.

Posted by: Track-A-'Crat at June 29, 2009 09:48 AM (C4ArQ)

36 That's the last F'in time that will happen bithces!

Posted by: wise latina at June 29, 2009 09:48 AM (penCf)

37 Hey, you all ignoring the fact that Michael Jackson died???

WHERES TODAYS THREAD ABOUT THAT YOU RACISTS THUGS??!??!??!??!??


Posted by: Libtard at June 29, 2009 09:48 AM (ngD76)

38 Five who think racism against white people ain't cool; four who are A-OK with racism against white people.

This is sad...

Posted by: Dave M at June 29, 2009 09:50 AM (QYHLS)

39 I kind of empathize with the city of New Haven.  The reason they tossed everything out was that they feared being sued by black firefighters.

Posted by: Herr Morgenholz at June 29, 2009 09:50 AM (5aa4z)

40 Once we finish getting the rest of Michael Jackson's stuff, we are coming after you SCOTUS.

Posted by: Muslim brotherhood at June 29, 2009 09:50 AM (penCf)

41

So what is Soto's number of SCOTUS reversals up to now?  Is she even competent to do this job?

Of course with sentences like the on from AHFF above, I am beginning to think my six year old could do the job..."never, ever".  Really.  Never, Ever!  "Mom, you never, ever let me do what I want".   

Posted by: Trish at June 29, 2009 09:50 AM (0U5Kd)

42 But “if your test is going to always put a certain group at the bottom of the pass rate so they’re never, ever going to be promoted, and there is a fair test that could be devised that measures knowledge in a more substantive way, then why shouldn’t the city have an opportunity to try to look and see if it can develop that?”


I've worked with a lot of firefighters and have been around them before, during and after these tests.  Much of the test is scientific/mathematical, which is neither fair or unfair, it just is.  You either know the science/math or you don't. 


Posted by: Tami at June 29, 2009 09:50 AM (VuLos)

43 The focus of course will be White vs. Black, but the real kicker is Black vs, Hispanic or any other minority.

Slavery trumps all else.

Get back in line, Pedro.

Posted by: eman at June 29, 2009 09:52 AM (fpywm)

44 I love this obsession with the "mainstream". Who gives a fuck? If the mainstream thought free speech was a bad thing is a judge just supposed to gag everybody or something? The Divine rule of kings was the mainstream for centuries, thank God the Founding Fathers were outside the mainstream.
It's not SoSo Sotomayor's relation to the mainstream that is the problem, it's her relation to the law that's a problem.

Posted by: Rocks at June 29, 2009 09:52 AM (Q1lie)

45 28 I long for the days when the main thing that was considered in the job market was that old-fashioned notion of "qualifications".

*sigh*

Posted by: BackwardsBoy

If qualifications mattered in America anymore we'd be bitching about President McCain right now.

Posted by: Crusty at June 29, 2009 09:52 AM (GvSpB)

46

OT

Everyone needs to sign up for Glenn Beck's newsletter.  He just said it is only a few grand shy of passing the NYT subscription.

Posted by: momma at June 29, 2009 09:52 AM (penCf)

47

Don't f*ck with us.  Ability over color. What a glorious day.

Just saying.

Sounds great to us!

Posted by: Asian Americans at June 29, 2009 09:53 AM (ujg0T)

48

Much of the test is scientific/mathematical, which is neither fair or unfair, it just is.

 

LOL, how much math and science do you need to be a fire fighter?

 

There is a wood/paper fire; put water on it.

 

There is an electrical fire, put CO2 or Halon on it (but don’t create globull warming).

Posted by: Vic at June 29, 2009 09:54 AM (5ynkO)

49 I know I might sweat a little too much patting myself on the back, but I sure opened up a timely communications lifeline to that Unicorn King.

Posted by: A Sage Wise Honduran at June 29, 2009 09:54 AM (GtYrq)

50 Much of the test is scientific/mathematical, which is neither fair or unfair, it just is.  You either know the science/math or you don't.

That's only true for you "Ice People," racist.

Posted by: Sun.Person at June 29, 2009 09:55 AM (gQLr2)

51

Of course with sentences like the on from AHFF above, I am beginning to think my six year old could do the job..."never, ever".  Really.  Never, Ever!  "Mom, you never, ever let me do what I want".   

Trish-

I always answer that with "I'll make you a deal, I do what I want, you do what you want."  This of course makes my 3 year old giddy until he sees me put my shoes on and grab my keys.  He ends the deal when he realizes I am going out for a while because that is what I want to do.

Posted by: momma at June 29, 2009 09:56 AM (penCf)

52

LOL, how much math and science do you need to be a fire fighter?

 

There is a wood/paper fire; put water on it.

 

There is an electrical fire, put CO2 or Halon on it (but don’t create globull warming).


I believe the line for firefighters is ten times longer than the line for teachers.  Math and science not required to understand this.

Posted by: WTF Capital Investments at June 29, 2009 09:56 AM (GtYrq)

53 "LOL, how much math and science do you need to be a fire fighter?"

Knowing when heat is going to make something go boom, or create more heat than your protection equipment will take before entering, or how long it will take before a structure burns to the point of instability.....yeah kinda important!

Posted by: Blue Falcon in Boston at June 29, 2009 09:56 AM (SMD8k)

54 I pray for good health and longevity to the five.  Even Kennedy.

Posted by: toby928 at June 29, 2009 09:58 AM (PD1tk)

55 Does this mean that if your house burnt down, and you could prove the fire dep. promoted/hired color before skills, that you could now sue?  They put racism over the public's general welfare.

Posted by: momma at June 29, 2009 09:59 AM (penCf)

56 The Divine rule of kings was the mainstream for centuries, thank God the Founding Fathers were outside the mainstream.

The outcome of a democratic vote is, by definition, the mainstream.

Posted by: 4 wolves and a sheep at June 29, 2009 09:59 AM (5aa4z)

57

There is a wood/paper fire; put water on it.

 

There is an electrical fire, put CO2 or Halon on it (but don’t create globull warming).

Posted by: Vic at June 29, 2009 09:54 AM (5ynkO)


Yeah, cuz that's ALL they ever deal with.  Sheesh....


Posted by: Tami at June 29, 2009 10:00 AM (VuLos)

58 Firefighters need math and Science to better do their jobs.

I see this in Science where the EH&S folks do a much better job when they know at least some science.

Plus, studying science and math is good exercise for the brain.

Posted by: eman at June 29, 2009 10:00 AM (fpywm)

59 This pisses me off.  Guess Im getting drunk tonight.

Posted by: Manchelle Obama at June 29, 2009 10:01 AM (penCf)

60

okay, maybe "wise" was the wrong word to describe this Latina after all. I'm thinking "bigot" is a better fit.

 

Posted by: exceller at June 29, 2009 10:01 AM (jx2Td)

61

When did Hispanic become a race?

It isn't a race. It's something beyond just race. It's possible for someone to be white and hispanic, black and hispanic, etc. Hell, Argentines (Argentinians? Whatever the f'n hell people from Argentina are called) are mostly European (86%, and 8% mixed), since that part of South America was very sparsely inhabited when colonialism was in full swing. But they count as hispanics, regardless.

I think I've just found that my ancestors came here by way of Argentina. Affirmative Action riches, here I come! Oh, wait. The wise latina was struck down. Guess I'll have to wait. But maybe it won't hurt to lay down the ground work now. I'll put Argentina stickers on my car now to lay the groundwork.

Posted by: The Atom Bomb of Loving Kindness at June 29, 2009 10:01 AM (Pl6My)

62

So, nobody told Bambi before he nominated Teh Wise Latina that a controversial ruling of hers was potentially about to be overturned by the Supremes themsleves?

How many times would we have heard that the President is an idiot for overlooking this if the President right now was the previous President?

Posted by: sherlock at June 29, 2009 10:02 AM (jdXw+)

63 57
There is a wood/paper fire; put water on it.

There is an electrical fire, put CO2 or Halon on it (but don’t create globull warming).
Posted by: Vic at June 29, 2009 09:54 AM (5ynkO)

If there is a politician on fire, urine works best...

Posted by: In Exile at June 29, 2009 10:03 AM (vhv8+)

64 I always put down I'm a Latino if it will help me as I'm Italian American.
I figure if an Italian isn't a Latino then nobody is.

Posted by: Rocks at June 29, 2009 10:04 AM (Q1lie)

65

44 I love this obsession with the "mainstream". Who gives a fuck? If the mainstream thought free speech was a bad thing is a judge just supposed to gag everybody or something? The Divine rule of kings was the mainstream for centuries, thank God the Founding Fathers were outside the mainstream.
It's not SoSo Sotomayor's relation to the mainstream that is the problem, it's her relation to the law that's a problem.

The mainstream does not agree with gay marriage.  Oops, not supposed to mention that.  Its some sort of nuance as to when the mainstream is supposed to be important.  I would love to use that in an argument with a liberal sometime.  Watch them spin around it and likely generate a tornado from their effort.

Posted by: buzzion at June 29, 2009 10:04 AM (Lrsi6)

66 Wow, equal opportunity doesn't mean equal outcome?

What is this Country coming to?

Medieval it is.

Posted by: eman at June 29, 2009 10:05 AM (fpywm)

67

OT

http://tinyurl.com/mpgdcu

The UN has held an unprecedented public hearing in Gaza to broadcast live witness accounts from Palestinians who described seeing their relatives killed and injured during Israel's January war.

 

Posted by: momma at June 29, 2009 10:05 AM (penCf)

68 If there is a politician on fire, urine works best...

Or truck tires.  Smothers the flames pretty well, but you should run over them several times just to make sure.

Posted by: Dang Straights at June 29, 2009 10:05 AM (Haq+B)

69 If there is a politician on fire, urine gasoline works best...

Posted by: yinzer at June 29, 2009 10:07 AM (/Mla1)

70

If there is a politician on fire, urine works best...

 

I thought gasoline worked best.

Posted by: crazy right-wing extremist at June 29, 2009 10:07 AM (penCf)

71 I want answers, are we created equal or not?

Do we have a Constitution that states we are all created equally in the eyes of the law.

What chance do the rest of serf whiteys have in this world?

Posted by: free at June 29, 2009 10:08 AM (cFwGO)

72

yinzer

Are you following my every thought?  Do you have chips implanted in my brain?  Are you from the DHS?

Posted by: crazy right-wing extremist at June 29, 2009 10:08 AM (penCf)

73

The very fact that this had to go to court speaks volumes about how our society has been conditioned to think of color first. "Diversity" is only about looks, not performance. Kinda like a Ford Pinto with really big tires, a fancy paint job, and a 4-cylinder engine with one spark plug wire missing.

Perhaps in the coming Conservative Revolution of 2010, we'll have enough sense to strike every AA rule from the books and return to a semblance of sanity. Naturally, the professional racists and the lawyers (sorry, Gabe) will scream bloody murder, but I'm past the point of caring anymore.

Posted by: BackwardsBoy at June 29, 2009 10:09 AM (ZGhSv)

74

Lets do some stats!!! Simply set up a two by two matrix: For one test, 6 blacks passed, 13 failed, and 28 non-blacks passed, with 30 failures. We run that into a Fisher's exact test and I get a p value of 0.288.This means that if you picked failures and non failures at random from both groups at the given overall rate of failure, you'd get the same pattern  over a quarter of the time.

Take the captaincy exam: 3 blacks passed, 6 failed, and 19 non-blacks passed, with 14 failures. That yields a p value of 0.445 This means that if you picked failures and non failures at random from both groups at the given overall rate of failure, you'd get the same pattern proportion of the time.

There is no empirical evidence of bias, even if you simply look at the numbers.

Posted by: HiHo at June 29, 2009 10:09 AM (5V/kc)

75

The mainstream does not agree with gay marriage.  Oops, not supposed to mention that.  Its some sort of nuance as to when the mainstream is supposed to be important.  I would love to use that in an argument with a liberal sometime.  Watch them spin around it and likely generate a tornado from their effort.

Posted by: buzzion at June 29, 2009 10:04 AM (Lrsi6)


Go ahead and mention it. It's a good point. If the sole reason a judge rules against "gay marriage"  is because of the mainstream then he's a fool and should be removed from the bench. Of course the fact that he thinks the law suggests in any way that there is such a thing as "gay marriage" should also warrant his removal. It's not remotely  a question for judges until a law is passed.



Posted by: Rocks at June 29, 2009 10:10 AM (Q1lie)

76 The equal protection under law clause in the Constitution should effectively ban any kind of discrimination, yet thanks to stupidity in the courts, we have to have additional constitutional amendments and laws to guarantee or illegal bar rights based on ideology .

Posted by: Blue Falcon in Boston at June 29, 2009 10:10 AM (SMD8k)

77

65 Watch them spin around it and likely generate a tornado from their effort.

But not a white tornado!

Posted by: Ajax at June 29, 2009 10:11 AM (SCcgT)

78 Posted by: momma

Does this mean that if your house burnt down, and you could prove the fire dep. promoted/hired color before skills, that you could now sue?  They put racism over the public's general welfare.


This (imo) is actually one of the larger problems with AA.  What happens when a non-qualified person is put in charge of something more than sweeping the streets?
A LEO that normally would not have passed the psych test?
Maybe an intern that would not have normally gotten into the medical school?

Scary stuff when people start getting jobs based on the color of skin and not the content of their brains.

Posted by: Rickshaw Jack at June 29, 2009 10:13 AM (KbDhF)

79

What?  Good news from the world of politics?  Ohshitiammabouttofaint....

Posted by: IreneFingIrene at June 29, 2009 10:17 AM (MFQJZ)

80 In this case that means resolving the conflict between two sections of Title VII of the Civil Rights Act.

Yes, ACTUAL discrimination vs PRESUMED discrimination.
Gee, I wonder which one needs to go?

Posted by: Rocks at June 29, 2009 10:17 AM (Q1lie)

81 Ginsburg is an idiot.  Quoth she (@ p. 55 of the PDF):

The white firefighters who scored high on New Haven's promotional exams understandably attract this Court's sympathy.  But they had no vested right to promotion.  Nor have other persons received promotions in preference to them.

Got it, Ruth.  You white guys have no right to be promoted, to make more money, earn a bigger pension, to get the recogonition and responsibilty that you deserve.  You only want it because you earned it.  And hey, after all, it's not like they gave your job to a black of hispanic.  It's just that so many of them did poorly that we aren't going to promote you.  So deal with it, you oilgarchal, historically advantaged, progeny of patriarchal caucasion oppressors.

This is, in a nutshell, what Scalia is talking about when he asks in his concurrence whether or not Title VIIs disparate-treatment provisions prevent "remedial" race-based action when a disparate-treatment violation would not otherwise have occurred (see PDF p. 39).

In other words, it's not like the white firefighters took an oral exam judged by their family members while the blacks and hispanics had to run a five-minute mile in order to be promoted.  To the contrary, this was apparently a straight-up written exam where no one, including even the Plaintiffs, are allegeing they were discriminated against.  The sole problem was that for reasons no one can discern, the minorities didn't pass in a close enough proporation to the whites (around 80% needed to have, saith the coke-bottled glasses One).

That type of thinking is an excellent example of what's wrong with modern American jurisprudence.  Oh, well, here comes Sonia ! to help us find our way.

Posted by: Bust of Churchill at June 29, 2009 10:18 AM (8/DeP)

82 Well, this decision focused on statutory law not Constitutional text, so Congress helped to create this case.

Cities and towns can now use this case to continue using fair tests whose results will be much more immune to lawsuits. This will, over time, push minorities away from racism.

I hope.

Posted by: eman at June 29, 2009 10:18 AM (fpywm)

83

What is this "mainstream" you speak so eloquently about?

The one that's ignored by representatives when fantastically expensive bills that will greatly reduce our standard of living are voted on in Congress?

The one that thinks America should be utilizing our own natural resources like oil and coal?

The one that thinks the government owning car companies and banks is wrong?

The one that thinks the president should be promoting American values to the world instead of apologizing for our greatness?

The one that questions the constitutionality of "czars"?

That "mainstream"?

Posted by: BackwardsBoy at June 29, 2009 10:19 AM (ZGhSv)

84 What happens when a non-qualified person is put in charge of something more than sweeping the streets?

Detroit.  New Orleans.  Gary.  Atlanta.  Houston....

Posted by: Dang Straights at June 29, 2009 10:20 AM (Haq+B)

85 Firefighters are the first responders for chemical spills/accidents.

Being a research scientist, I'd like them to know as much as could be reasonably expected, thank you very much.

Posted by: Techie at June 29, 2009 10:21 AM (cxW4X)

86

84 What happens when a non-qualified person is put in charge of something more than sweeping the streets?

Detroit.  New Orleans.  Gary.  Atlanta.  Houston....

... The United States of America

Posted by: yinzer at June 29, 2009 10:22 AM (/Mla1)

87 Any of you remember the Larry David, dermatologist show?  On introduction to black Dr. So and So...Larry says.....good on with that affirmative action stuff.....chaos insues.

Posted by: free at June 29, 2009 10:23 AM (cFwGO)

88

What happens when a non-qualified person is put in charge of something more than sweeping the streets?

Detroit.  New Orleans.  Gary.  Atlanta.  Houston....

Don't forget Washington. And Sacramento, too.

Posted by: BackwardsBoy at June 29, 2009 10:23 AM (ZGhSv)

89

But “if your test is going to always put a certain group at the bottom of the pass rate so they’re never, ever going to be promoted, and there is a fair test that could be devised that measures knowledge in a more substantive way, then why shouldn’t the city have an opportunity to try to look and see if it can develop that?”

 Wow. Measures knowledge in a more substantive way.... Wow.

Posted by: Entropy at June 29, 2009 10:24 AM (m6c4H)

90 Ginsberg et al believe that it is ok to discriminate "white" people on the basis of race.

The only reason I can think of for this is that they themselves are unrepentant racists who believe in their heart of hearts that "white" people are inherently superior to other groups.

If you believe that racial background is NOT a determining factor for ability or character, then racial discrimination of all kinds is equally repugnant.  Only someone who believes that racial groups are unequal is in favor of a perpetual finger on the hiring scale.

Everyone who took that test had a fair shot at passing it.  If someone did not, it is not because their skin was the wrong color, but because they just weren't up to snuff, or maybe didn't study hard enough.

If the Tuskegee Airmen could do it, so can these guys.  Color is not a handicap and it is not an excuse.

http://tinyurl.com/l9w2nv



Posted by: Lee at June 29, 2009 10:24 AM (xOpTz)

91 I was talking to one of my fellow Nigerian friends yesterday and we were discussing how some African Americans cry racism when they face the consequences of their laziness and/or incompetence. And how AA stigmatizes all of us black folks because people think that we achieved our current status, not because of our abilities, but because of the accident of our skin color.

In my Chemical engineering PhD program, I had a 4.0 GPA and I scored very, very high on my SATs and GREs. (Don't mean to brag, but I guess I am.) I work very hard and am very good at my job. But I'm sure there are those who don't know better who think I am a pity/"diversity" hire. I really don't care either way. I don't think about race much at all; I just do my best, but the whole AA thing is really annoying. Because of it, you have a whole bunch of black Americans who aren't living up to their full potential.

This is one thing we who were raised in Africa have over African Americans. We (except the fraudsters - and there aren't that many of them) expect to work hard to get ahead. And lots and lots of us do.

Posted by: african chick at June 29, 2009 10:27 AM (5Wjck)

92 Spin development and download from Talking Points HQ on this one will take quite a while.

Please stand by for troll activation.

Posted by: eman at June 29, 2009 10:27 AM (fpywm)

93 1.  A test is fair if it evaluates the content expected to be mastered; if it evaluates something else, it is unfair. 

2.  A test is either objective or subjective.  Objective tests have one correct answer per question.  Multiple choice is the usual formal.  Subjective tests are usually the essay formal where not just the answer is measured but the method at arriving at it.  Incidentals such as spelling, grammar, punctuation, usage, and handwriting and also be an unconscious factor.

Posted by: goddessoftheclassroom at June 29, 2009 10:28 AM (cojWg)

94 87 Any of you remember the Larry David, dermatologist show?  On introduction to black Dr. So and So...Larry says.....good on with that affirmative action stuff.....chaos insues.

I miss Larry's chats with Crazy Eyes Killer.

Posted by: WTF Capital Investments at June 29, 2009 10:30 AM (GtYrq)

95

Here is what I have observed about house fires: I have witnessed 3 house fires, and in all three cases, the houses were cinders in 15 minutes for the most part. Thats about the amount of time it took fire trucks to arrive and rig up.

Just a tip: Do not depend on your fire dept. to save your house. Take all precautions to prevent fires in your house. Do keep fire extinguishers around. You may be able to save your house with fire extinguishers, if not, its probably history.

Posted by: maddogg at June 29, 2009 10:30 AM (OlN4e)

96 Prezzdint Ipecac is going to be pissed!

Posted by: RushBabe at June 29, 2009 10:31 AM (LKkE8)

97

Color is not a handicap and it is not an excuse.

You know that, I know that, every moron here knows that. So how is it that our leaders have such a hard time with that very simple concept?

We are being conditioned to be feel guilty over something we had no role in creating. In other words, we're being emotionally manipulated by whose who wish to control our every action (which is a serious mental illness).

Posted by: BackwardsBoy at June 29, 2009 10:32 AM (ZGhSv)

98 Damn it HiHo, this is a moron blog.  I will send $500 to any Senator who asks MsSoto what the p value of "fair" test would be.

Posted by: Jean at June 29, 2009 10:32 AM (L64A6)

99 This is called disparate impact.

For the record, I'm about to go into a fetal ball under my desk just thinking about the dog's breakfast that constitutes this entire area of jurisprudence.  At least it's not the Lemon test.

Also, it's lovely to know that a determination that explicitly race based employment decisions are improper only got a 5-4 vote.  Oh.  Yay. 

Posted by: alexthechick at June 29, 2009 10:33 AM (SHHaV)

100 Bernie Madoff gets 150 years, and it's a light sentence.  It should have been balls removed by scapel.

Posted by: Fish at June 29, 2009 10:34 AM (FnA4R)

101 african chick,

My ex-gf, an very Liberal African-American, saw racism everywhere. She did not limit it to Whites, Hispanics caught her paranoid eye too. She did work hard, but she could not see how Liberalism crippled individuals and whole groups of people.

This Nation needs more people like you.

Posted by: eman at June 29, 2009 10:35 AM (fpywm)

102 I actually think this is a horrible decision.  Like you, I'm glad it overturned the lower court, but the reasoning is ludicrous and further damages the Republic.  Per Gabe it was not based on the constitutionality of affirmative action but rather this metaphysical conundrum:

Under Title VII, New Haven was prohibited from intentional acts of employment discrimination based on race. This is called disparate treatment. Title VII also prohibits policies or practices that are not intended to discriminate but in fact have a disproportionately adverse effect on minorities.

So poor New Haven and every other community is still in a "damned if you do and damned if you don't" situation.  The same goes for any firemen, policemen, etc aiming for "fair promotion" regardless of ethnicity.  This does nothing for bringing down affirmative action.  All it does is make sure that nobody knows what is or isn't discriminatory and nothing will be settled without a lawsuit and years of appeals.

The courts are supposed to clarify the law.  All this did was make an already messy law even messier.

How can any conservative celebrate this steaming pile?  Our principles have to be about more than My Team/Your Team. 

Posted by: oLD gUY at June 29, 2009 10:35 AM (n1yDn)

103 P.S. My post @ 93 is not not true of all African Americans, but I've seen enough to know it applies to quite a few. Thanks, libs.

Posted by: african chick at June 29, 2009 10:37 AM (5Wjck)

104 Going back to my college days in the late 80s:

It's important to understand the case for "disparate impact" claims as they relate to testing. If the test is valid (if it can be shown that those that do better on the test do better at the job they tested for) then disparate impact is legal.

If the test is not valid for selecting those who will be better at the job in question then it acts as a barrier to promotion for the groups that struggle with the test. Thus it is discriminatory.

The problem is that validity studies are very difficult, can take a long time and can be very expensive. So, those of you that are claiming the science on the test isn't important for the job in question are actually making the case for the minorities that did poorly on the test.

I'd guess that the blacks that don't get promoted will now move to the "disparate impact" complaint and will file their own suit that the test is not valid and they are being subjected to discrimination. It's quite possible they will win unless the test is very well designed.

Posted by: Patrick H at June 29, 2009 10:38 AM (o5cb9)

105

There is a wood/paper fire; put water on it.

There is an electrical fire, put CO2 or Halon on it (but don’t create globull warming).
Posted by: Vic at June 29, 2009 09:54 AM (5ynkO)

If there is a politician on fire, urine works best...
 

 

 

But most Morons will not urinate on a politician so urine can not work “best”.

 

And no firefighters are NOT the first responders in chemical spills. That is the job of Hazmat Teams.  If a town is using firefighters for anything other than crowd control on a chemical spill they are asking for a civil suit.

 

Besides that, you don’t need a lot of training to read an MSDS sheet.

Posted by: Vic at June 29, 2009 10:40 AM (5ynkO)

106

63 57
There is a wood/paper fire; put water on it.

There is an electrical fire, put CO2 or Halon on it (but don’t create globull warming).
Posted by: Vic at June 29, 2009 09:54 AM (5ynkO)

If there is a politician on fire, urine works best...

Well, yeah, if you want to waste it.

@95 I have witnessed 3 house fires, and in all three cases, the houses were cinders in 15 minutes for the most part. Thats about the amount of time it took fire trucks to arrive and rig up.

Do you live in a crackhouse neighborhood?

 

 

Posted by: RushBabe at June 29, 2009 10:41 AM (LKkE8)

107 Well I'm glad to see that there is still a little justice in the world.  I'm sure that will change though once Scalia and Alito have "accidents" and Obama packs the court with more AA hires.

Posted by: chemjeff at June 29, 2009 10:43 AM (sqtL/)

108 Posted by: Patrick H
I'd guess that the blacks that don't get promoted will now move to the "disparate impact" complaint and will file their own suit that the test is not valid and they are being subjected to discrimination. It's quite possible they will win unless the test is very well designed.

And here is one of the huge probs with our society.
After the taxpayers have payed for this lawsuit, and the countless others it has spawned, New Haven would have been better off building a new firehouse out in the middle of no where, and hiring all the plaintiffs as Captains of the World.  Just as long as they never touched a firetruck.

Posted by: Rickshaw Jack at June 29, 2009 10:43 AM (KbDhF)

109 If there is a politician on fire, urine works best... Posted by: In Exile

Waste of good urine. Surely there is a tree out there that deserves it more?

Posted by: Kristopher at June 29, 2009 10:44 AM (EqbaN)

110 Why is SCOTUS pussy-footing around actual Constitutional findings. I find that troubling, because a lot of laws suck.

Posted by: Ella at June 29, 2009 10:44 AM (gQ4Zh)

111 Vic, I'm not sure how things are organized where you are but I've worked in the fire depts. of 3 towns in Southern Fairfield county in Connecticut.  Hazmat teams are part of the fire depts.  Their ranks come from the fire dept.

Posted by: Tami at June 29, 2009 10:45 AM (VuLos)

112 The time has come for a whitey rights group, like all of the diversity groups making money through intimidation, blackmail, etc.

We need our own Al Sharpton, and Jesse Jackson....There has to be some lawyers that want to make money off of big corporations, medical schools, etc.

Posted by: free at June 29, 2009 10:47 AM (cFwGO)

113 I'd guess that the blacks that don't get promoted will now move to the "disparate impact" complaint and will file their own suit that the test is not valid and they are being subjected to discrimination. It's quite possible they will win unless the test is very well designed.

If true, then this would go toward proving my point.  Nothing was settled or clarified.  Meanwhile, good and decent people of every ethnicity are left in the lurch as the lawyers spend the next few decades arguing the case. 

The Race Circus continues.  All hail the clowns.

Posted by: oLD gUY at June 29, 2009 10:47 AM (n1yDn)

114

LOL, how much math and science do you need to be a fire fighter?

 

Counting spots on Dalmatians is hard

Posted by: IllTemperedCur at June 29, 2009 10:48 AM (oT+Ek)

115 In the end, promoting anybody gets too hard - the city will just have to hire consultants to do the jobs.  Not sure that good thing or a bad thing; but I know they can be fired and don't get 100% pensions at 45.

Posted by: Jean at June 29, 2009 10:50 AM (L64A6)

116

Fear of litigation does not justify disparate treatment.

Pretty much sum it up right freaking there.  Brilliant. Too bad the Supreme Court has to legislate freaking common sense.  Too bad we have to define common sense.

Posted by: Tresia at June 29, 2009 10:51 AM (/1Igs)

117 I never understood the whining about standardized tests being unfair to minorities. The rest of us foreigners have to take them to get into US schools and you don't see us complaining. We just study for the tests and get 'er done.

On the other hand, I think the SATs are a completely bogus test, regardless of "race", (at least as they were designed last time I looked, about 4 years ago - things could have changed), but that's a topic for another day.

Posted by: african chick at June 29, 2009 10:54 AM (5Wjck)

118 Fear of litigation does not justify disparate treatment.

But that is precisely the problem.  New Haven didn't discriminate against whites in order to favor blacks.  They did it to avoid litigation.  What SCOTUS did was say that there is no way for any community to avoid litigation so just deal with it.  Sucks to be you.

Good law provides broad guidelines which have no need for constant running to the courts.  This is not good law.

Posted by: oLD gUY at June 29, 2009 10:57 AM (n1yDn)

119

Tami not to be pedantic but note that I said “fire fighters” and NOT “fire departments".  The training and testing of Hazmat teams should be totally separate and different from fire fighters. 

 

Also I have been a member and qualified Team Leader for a professional Fire Brigade. (This included training at a State run fire fighting school with a “burn house” among a lot of other things).  I have also been on a first responder team and Team Leader for chemical spills.

 

A fire fighter does not need to know how to respond to a chemical spill and a hazmat person doesn’t need to know how to do a SAR of a smoke filled building.

Posted by: Vic at June 29, 2009 10:59 AM (5ynkO)

120

We really dodged the bullet with that Miers chick.

Good thing they've put forward someone who can compete intellectually with the likes of Scalia, Roberts and Thomas. (/sarc)

Posted by: Roy at June 29, 2009 11:00 AM (pWRIH)

121

Parenthetically, the closest analogue I can find in history for AA is the very first law Hitler passed, the Restoration of the Public Service Act. He severely restricted Jews in the workplace because he believed they conspired to attain their positions, rather than being smart, hard workers - the exact same justification for AA's discrimination against whites. America imitates Hitler's cornerstone public policy, I object to it - and I'm the friggin' Nazi?

....

....

He has half a point this time.

Posted by: Entropy at June 29, 2009 11:00 AM (m6c4H)

122 This could also apply to gender discrimination

Posted by: L. at June 29, 2009 11:00 AM (w7ckG)

123
Ginsberg wrote: "But it would have been more regrettable to rely on flawed exams to shut out candidates who may well have the command presence and other qualities needed to excel as fire officers." (My emphasis.)

Ginsberg assumes that the disparate outcome is, by itself, proof that the exam was flawed. It seems to me that one should somehow be able to demonstrate the errors or biases in an examination that (I assume) was designed to test objective knowledge in subjects related to the job.

To Ginsberg, disparate outcome is, by itself, sufficient proof of bias. IMHO, disparate outcome is necessary to prove bias, but is not sufficient - but hey, I'm a moron.

Posted by: Brown Line at June 29, 2009 11:01 AM (VrNoa)

124 Then move to Cameroon or some other jurisdiction where your anti-intellectualism might be a better fit and let us smart people be smart.

Perhaps you missed her post at #91.

So how about you move to some other blog where your trolling might be a better fit.

Posted by: Tami at June 29, 2009 11:02 AM (VuLos)

125 Nice try, Adriana. I won't even try to explain my comment because I'm sure you didn't react to my post based on my screen name, right?

Posted by: african chick at June 29, 2009 11:02 AM (5Wjck)

126 African chick: The SAT test has been useless since the early 1980's. The political correctness crowd got to it then and turned it into mush.


Posted by: Kristopher at June 29, 2009 11:03 AM (EqbaN)

127

Nice try, Adriana. I won't even try to explain my comment because I'm sure you didn't react to my post based on my screen name, right?

 

Don’t give this troll idiot too much credit. He shows up on here from time to time leaves his excrement and then bugs out. He is a well-known member of one of those Aryan Nation supremacist groups.

Posted by: Vic at June 29, 2009 11:06 AM (5ynkO)

128 "Command presence and other qualities" is Justice Ginsburg's euphemism for candidates with the right race.

So in a largely white suburban community would use of this novel concept be acceptable or is it only useful when the "right results" are obtained?  The question answers itself and demonstrates the intellectual bankruptcy of the Left side of the Court.

Posted by: oLD gUY at June 29, 2009 11:06 AM (n1yDn)

129 IIRC The city had hired an outside firm that specializes in insuring that tests are not discriminatory.

Posted by: Jim at June 29, 2009 11:07 AM (E725N)

130 I can't believe this decision was even close. Hell, it should have been unanimous. Whisky Tango Foxtrot?

At least we now know that Sonia's actually a steaming pile of sh!t, and not in any way wise, though. I'm betting she's confirmed anyway, though, because that's the "desired outcome" that "celebrates diversity" regardless of the fact that she's an incompetent nincompoop.

Posted by: Hucbald at June 29, 2009 11:07 AM (O9yAg)

131

The SAT test has been useless since the early 1980's. The political correctness crowd got to it

Eh?

How does the PC crowd 'get to' "Sally is taller then Bob and Bob is shorter then Jake. Is Sally shorter then Jake?"

Posted by: Entropy at June 29, 2009 11:08 AM (m6c4H)

132 127 Nice try, Adriana. I won't even try to explain my comment because I'm sure you didn't react to my post based on my screen name, right?

Posted by: african chick at June 29, 2009 11:02 AM (5Wjck)

You're doing the right thing by not feeding the troll.  There's a reason he has to use an anonymizer to post here.  He follows the James Von Brunn school of thought.

Posted by: yinzer at June 29, 2009 11:08 AM (/Mla1)

133

"... inappropriate prophylactic measures ..."

Had no idea the Catholics on the bench were so influential.

Posted by: Michael Rittenhouse at June 29, 2009 11:08 AM (2QFX4)

134

IIRC The city had hired an outside firm that specializes in insuring that tests are not discriminatory.

So if the city gets sued and loses, can the city then sue the outside firm?

Lawsuits for everyone!

Posted by: Entropy at June 29, 2009 11:09 AM (m6c4H)

135 Note to Commenters: Do not respond to the troll known as Adriana Lima. His comments will be summarily deleted.

Posted by: Gabriel Malor at June 29, 2009 11:10 AM (ztNrs)

136 The training and testing of Hazmat teams should be totally separate and different from fire fighters.

As I'm sure it is but hazmat teams don't just drop out of the sky.  Their ranks are composed of firefighters who have moved on to a specialization within the fire dept.  Yes, they receive more training in hazardous materials to be part of that team but that's not their first exposure to that area.  And these people come from the officer ranks of the fire dept, having passed the promotion exams.

Posted by: Tami at June 29, 2009 11:10 AM (VuLos)

137

Lawsuits for everyone!

Posted by: Entropy at June 29, 2009 11:09 AM (m6c4H)

I think you just made Gabe squirt in his pants a little.

Posted by: yinzer at June 29, 2009 11:10 AM (/Mla1)

138 This (imo) is actually one of the larger problems with AA.  What happens when a non-qualified person is put in charge of something more than sweeping the streets?
A LEO that normally would not have passed the psych test?
Maybe an intern that would not have normally gotten into the medical school?

Scary stuff when people start getting jobs based on the color of skin and not the content of their brains.

Posted by: Rickshaw Jack at June 29, 2009 10:13 AM (KbDhF)


New Orleans has already been mentioned in connection to this, but no specifics have been given.  At least one officer who failed the psych test, amongst other things, was hired to the NOPD and later committed a robbery in which she killed her partner and several employees at a restaurant where she'd worked off-duty guard details in the past.  It was revealed after the fact how political pressure was used to get this particular minority female officer onto the force despite the fact that she was completely unqualified.

Posted by: Brandon In Baton Rouge at June 29, 2009 11:11 AM (w0x9x)

139 It took the SAT's way back in 2003, and even then they were complete bullsh!t. All of the passages were geared to help certain groups along (always AT LEAST one female author, always at least one minority author, etc.) and the passages were always some sort of vague liberal mish-mash.

I much preferred the ACTs (but the GMAT is better than both, but I digress).

The people that claim that unequal outcomes are proof of bias just kill me. Perhaps the low test scores of inner-city minorities is more an indictment of poor inner city schools instead of some "racial" bias.

It has always bothered me that some of my classmates got into college because they were a minority even though they grew up in rich Mass. households. They had FAR more opportunities that poor white kids going to the public schools around me.

Posted by: In Exile at June 29, 2009 11:11 AM (vhv8+)

140 I have a great deal of respect for the fire department.  Whenever the fire alarm is pulled in the chemistry building, they always show up in full hazmat gear, even in the middle of summer, even when they probably know it's just a false alarm.  That must really suck.  And yes it takes more math & science knowledge than just "wood fires require water".  You can imagine some of the nasty crap that's in chemistry buildings and other chemical plants that they are responsible for as well.

Posted by: chemjeff at June 29, 2009 11:11 AM (sqtL/)

141

OT

The Supreme Court has refused to allow victims of the Sept. 11 attacks to pursue lawsuits against Saudi Arabia and four of its princes over charitable donations that were allegedly funneled to al-Qaida.

The court, in an order Monday, is leaving in place the ruling of a federal appeals court that the country and the princes are protected by sovereign immunity, which generally means that foreign countries can't be sued in American courts.

http://tinyurl.com/m7vae2

 

Posted by: crazy right-wing extremist at June 29, 2009 11:12 AM (penCf)

142 This is what happens when you let lawyers write the laws instead of just bicker and lie about them.

Posted by: Entropy at June 29, 2009 11:13 AM (m6c4H)

143

Ha Ha

Rush just said, 'Yeah, we'll get to Sotomayor shortly.  The Court just found she was indeed a racist.'

Posted by: crazy right-wing extremist at June 29, 2009 11:14 AM (penCf)

144 141 and 143 are mine.  Sorry

Posted by: momma at June 29, 2009 11:14 AM (penCf)

145

How does the PC crowd 'get to' "Sally Tawana is taller then Bob Miguel and Bob Miguel is shorter then Jake Lin-Zhou. Is Sally Tawana shorter then Jake Lin-Zhou?"

FIFY

Posted by: chemjeff at June 29, 2009 11:15 AM (sqtL/)

146 Vic @105

"And no firefighters are NOT the first responders in chemical spills. That is the job of Hazmat Teams.  If a town is using firefighters for anything other than crowd control on a chemical spill they are asking for a civil suit.

 

Besides that, you don’t need a lot of training to read an MSDS sheet."


Sorry, Vic.  I work in a research lab full of chemicals, and when there is a spill or fire, the firefighters are the first responders, and are responsible for the situation. 


Reading the MSDS isn't the issue, it's understanding what it means that matters.  You have to be able to follow the directions and yet still do the right thing when there are unforeseen circumstances. as there always are.  Not unlike math and science. 


Thanks for playing.


Posted by: pep at June 29, 2009 11:16 AM (yj30p)

147

How does the PC crowd 'get to' "Sally is taller then Bob and Bob is shorter then Jake. Is Sally shorter then Jake?"

Posted by: Entropy

This was sarcasm, right? It's hard to tell in print.

Before 1982, MENSA allowed the use of SAT scores as an IQ measurement. After the PC crowd finished making it "fairer" ( dumbed it down into uselessness ), they stopped.


Posted by: Kristopher at June 29, 2009 11:17 AM (EqbaN)

148 I see AA just as I do 'the good ole boys club'.  With both in place, people question if you are able to do your job.  They immediately wonder if  you there because you are a minority or know someone higher up.  I think both create a lot of racism.

Posted by: momma at June 29, 2009 11:20 AM (penCf)

149 "142 This is what happens when you let lawyers write the laws instead of just bicker and lie about them." @Entropy

I've said for years, it is a conflict of interest for anyone with a law degree - whether they've ever passed a bar exam or not - to be a legislator or a judge.

The way our legal system is today, it is undisputedly a racket: Lawyers make the law, lawyers judge the law, lawyers prosecute the law, lawyers defend us from the law, and the only oversight is the Bar Association, which is a bunch of lawyers.

The only place lawyers belong is in the adversarial positions and nowhere else.

Posted by: Hucbald at June 29, 2009 11:21 AM (O9yAg)

150 A fool and his money are soon parted.

Posted by: Bernie Madoff at June 29, 2009 11:22 AM (TrZ/0)

151 The Supreme Court has refused to allow victims of the Sept. 11 attacks to pursue lawsuits against Saudi Arabia and four of its princes over charitable donations that were allegedly funneled to al-Qaida.

Good.  I feel for the families, but this would have just opened up the floodgates to lawsuits against the USA in every European or Third World jurisdiction.  "They did it, why can't we?"  We would not have been able to argue against such measures without looking like bullying hypocrites.  It would not have been pretty.

Posted by: oLD gUY at June 29, 2009 11:23 AM (n1yDn)

152 The only place lawyers belong is in the adversarial positions and nowhere else. Posted by Hucbald


I disagree. They can also be thrown into scorpion pits.


Posted by: Kristopher at June 29, 2009 11:24 AM (EqbaN)

153 We would not have been able to argue against such measures without looking like bullying hypocrites.  It would not have been pretty.
Posted by: oLD gUY

Bull. It would have been awesome!

Get a judgment against some third world craphole, and for a cut, the Navy would shell their ports until they pay.


Posted by: Kristopher at June 29, 2009 11:26 AM (EqbaN)

154 AA also promotes racial resentment. It would seem to me that whites, for example, who are passed over for promotion just because the other guy is black, would not be too willing to hold hands and sing kumbayah. If black Americans were held to the same standards, they would catch up and excel, that is, if Al Sharpton, other race baiters, and libs in general stayed away from them.

Of course, I'm sure that there are some white folks who are passed over for good reason (e.g., the black guy is actually better) who blame it on AA. But that's just human nature.

Back to the SATs. I took them a while ago, but my baby bro took them about 4 yrs ago. Why does anyone need to know the definition of arcane words that NO ONE ever uses? Luckily for me, I was an avid reader then, so I knew most of the words.

In Nigeria, the exams we used to take to get the equivalent of a high school diploma were much better. They tested actual knowledge about various subjects. And man, were they hard. Some people started studying for them in 11th grade (we took it in 12th). I always say that the hardest exams I ever took were in high school. College was easier, both in terms of work load and tests. I am really glad I had all my education before college in Nigeria, but I do much prefer American college education.

We also had an almost equally bogus college entrance exam, though...

Posted by: african chick at June 29, 2009 11:30 AM (5Wjck)

155

Thanks for playing.

 

Had to put that in there at the end. I guess “reasoned debate” is not one of your skills. I guess when you drop a flask full of “chemicals” you call the fire department then.

 

I’m glad that I am not on the team responsible for your lab.

 

And this is my last word on this issue. The entire thing began as sarcasm to begin with.

Posted by: Vic at June 29, 2009 11:34 AM (5ynkO)

156 "Flawed exam", huh? Tell us, Justice Ginsberg, just what flaws were those? Did you document them, or are they just the straw man they seem?

Posted by: mojo at June 29, 2009 11:39 AM (g1cNf)

157 What seems clear is that Ginsey and Soto have a desired outcome based on race, but prefer a fabricated test that will (falsely) legitimize their quota scheme.

The left is used to this tactic (eg. global warming) of having some "we are the world" fantasy religion, and being willing to subvert rule of law/fairness, to get their way.  Lipstick on a pig, and they might make it law for you to kiss it (or worse).

They cling to their bigotry and their false science with a determined smugness.

Posted by: bill at June 29, 2009 11:41 AM (WmrRb)

158 GOOD. I hope the chances of this wacko bitch being confirmed to the Supreme Court get overturned as well.

Posted by: SFC MAC at June 29, 2009 11:42 AM (dX8Ae)

159 Thanks Gabriel for deleting neo-Nazi Adrian Lima's comments, should have happened sooner though.

He kept his most hateful / attempted hurtful comments against the female posters here, and I think sadly he managed to draw some emotional blood on occasion - it's not just thick-skinned morons here.

Posted by: o.u. at June 29, 2009 11:42 AM (UT56W)

160 WOW!  This is precedent setting.  Minorities are now going to have to STUDY before taking a promotional examination.   No more "guaranteed" test results.

Posted by: GarandFan at June 29, 2009 11:44 AM (C3okI)

161 "Flawed exam", huh? Tell us, Justice Ginsberg, just what flaws were those?

It produced the wrong outcome.

Posted by: Pablo at June 29, 2009 11:45 AM (yTndK)

162 o.u., don't worry, we female morons are equally as thick-skinned and couldn't give a crap about what that crypto(LOL!)-Nazi thinks. Would your feelings be hurt if a mentally unstable stranger said bad stuff about you over teh internetz? I think not.

Posted by: african chick at June 29, 2009 11:47 AM (5Wjck)

163 african chick, I was thinking of some other threads he's made an appearance on. however thick-skinned you may be feeling, that guy has no place around women. not my decision, though, i guess, i stand corrected.

Posted by: o.u. at June 29, 2009 11:56 AM (UT56W)

164 "154 @african chick"

That was very interesting. I've thought for years that testing in American public schools was tainted by the PC brigade, but I'm 51 so I went through before that happened. I would be very interested to acquire one of those 12th grade Nigerian tests, if available in English.

Posted by: Hucbald at June 29, 2009 11:57 AM (O9yAg)

165 Hey o.u., "Hook 'em Horns!"

Posted by: nikkolai at June 29, 2009 11:58 AM (4EBUu)

166 Good law provides broad guidelines which have no need for constant running to the courts. constant litigation in order to get lawyers employed. 

There.  FIFY.


Posted by: alexthechick at June 29, 2009 11:59 AM (SHHaV)

167

"Flawed exam", huh? Tell us, Justice Ginsberg, just what flaws were those?

From your lips to God's ears.

Gabe, how do we file some kind of countersuit that would require the Sea Hag to detail exactly what those "flaws" were on which she based her LEGAL decision? Because certainly, there's EVIDENCE out there, and she's not just flapping her racist white liberal gums, right?

Posted by: North Dallas Thirty at June 29, 2009 12:00 PM (TizM+)

168

Why does anyone need to know the definition of arcane words that NO ONE ever uses?

No one ever uses them because no one knows them. But serious - most people are idiots.

The word 'arcane' is, itself, fairly arcane. I bet 6 or 7 out of 10 people have no idea wtf that means.

Vocabularly is far more important then I'd bet nearly anyone gives it credit for. A limited vocabulary cripples your thinking. Language is important. Think 'Orwell'.

Posted by: Entropy at June 29, 2009 12:02 PM (m6c4H)

169

Luckily for me, I was an avid reader then

Avid.

How many regular shmucks who aren't avid readers do you think toss that one about actively?

Posted by: Entropy at June 29, 2009 12:05 PM (m6c4H)

170

The crazy thing is, I do not see any evidence of outcome that can't be explained very readily by statistical error. How can you claim discrimination when you have no objective evidence of an adverse outcome associated wuith the group complaining?

They are saying that the test made blacks do more poorly than whites, but that is not a supportable statement, full stop.

This isn't freakin' rocket science.

Posted by: HiHo at June 29, 2009 12:08 PM (5V/kc)

171

This was sarcasm, right? It's hard to tell in print.

No.

Before 1982, MENSA allowed the use of SAT scores as an IQ measurement. After the PC crowd finished making it "fairer" ( dumbed it down into uselessness ), they stopped.

I don't think I ever took the SAT. ACT, I think I took. I knew I weren't going to no damn college. Too much beer that needed drinking and not enough time to drink it in.

You're saying they dumbed it down? The test scores are relative anyway though, so if they made the test easier, wouldn't the top percentile just score that much higher and remain the top percentile?

Posted by: Entropy at June 29, 2009 12:10 PM (m6c4H)

172 "169 How many regular shmucks who aren't avid readers do you think toss that one about actively?"

OTOH, it's amazing how many non-Jewish people schlep around Yiddish words like schmuck, putz, and schlemiel.

Posted by: Hucbald at June 29, 2009 12:15 PM (O9yAg)

173

Rush just played a clip of PMSNBC interviewing Dan Rather on the SCOTUS decision.  He said that when Wise Latina gets on the court, there will be some interesting verbal skirmishes between Wise and Scalia.

Rush said, "Yeah, right, if we spot her 75 IQ points."

Just in:  Bela Pelosi says she will not make public the health care bill before the vote at the end of the year.  Most ethical congress evah.

Posted by: RushBabe at June 29, 2009 12:26 PM (LKkE8)

174 Hasn't most education up through undergrad been "dumbed down", so everyone can be adequately equal?

For ACT and SAT, the prep classes basically give most of the answers, as I understand it.  Now maybe anyone can score the minimum required for admission, and they can maybe allow for diversification by allowing a 26 ACT black over a 33 ACT white?  I forget the whole Michigan diversity ruling, but it seemed they allowed quotas, as long as they were disguised as "diversity fulfillments" .. or some such baloney.

Posted by: bill at June 29, 2009 12:28 PM (WmrRb)

175

OTOH, it's amazing how many non-Jewish people schlep around Yiddish words like schmuck, putz, and schlemiel.

There may not be a damn word in the English language that didn't come from another language. If there is, it's words like "fuck". That one's authentically Anglic. (Or maybe Saxonic).

Though I suppose you could make that argument for every language going back to some dead unrecorded neolithic tonal grunting thing.

But English rips off other languages all the time.

Especially in America, Israeli crap being no exception. Look how many American names are Hebrew names.

Posted by: Entropy at June 29, 2009 12:29 PM (m6c4H)

176 Entropy,

I agree that it's important to have a wide vocabulary and tried to impart that to my lil' bro. But some of those words were just ridiculous and unnecessary, IMHO.

Hucbald,

I can't find any links online, and I don't have any hard copies, so I'll describe it for you here. The exam period lasted about a month. We were actually tested on 3 years of knowledge of 8 or 9 subjects. There were some subjects that everyone had to take, e.g., math English, and a Nigerian language (in most schools, one out of 3 of our hundreds and hundreds of languages). Everyone also had to take 1 science subject, but students' selections varied depending on what they thought they wanted to study in college. Each subject had a multiple choice portion (which we called "objectives"), and an essay portion, where you would choose, say, 3 out of 5 questions to sweat over. In addition, the sciences and home ec had a practical section. In chemistry, for example, we had to figure out the pH of a mystery solution by titration (I think that was it). In biology, you could be presented with a cockroach (ew) or some other animal and asked to draw and label various aspects of the poor critter's anatomy.

I took physics, chemistry, biology, and further math (advanced math, which included some calculus), as well as geography (physical geography, regional geography, and some other type of geography - don't remember) and some other subjects, 9 in total.

There was also a similar exam that tested you on the first 3 years of secondary school (equivalent of 7th - 9th grades). The selection of subjects was different, e.g., all sciences were rolled into "integrated science." In my school, you could take 12 or 13 subjects on the exam. (I took 13.)

Needless to say, in high school, we couldn't do anything but study when school was in session, and lots and lots of people were in boarding school, too.

Hope that helps.

Unfortunately, there was a fair bit of cheating (corrupt society and all), but it was very rare in my school since we had a fantastic principal who was extremely strict. (We didn't appreciate her at the time of course.) At the time, I believe my (all girls) school was the best in the country, but the principal refused to admit the children of some big wigs and was removed. Thus began the rapid descent into mediocrity and worse. If I had kids, I wouldn't send them there now.

Posted by: african chick at June 29, 2009 12:33 PM (5Wjck)

177 "176

Hucbald,

I can't find any links online, and I don't have any hard copies, so I'll describe it for you here."

That is absolutely fascinating. American kids are so spoiled.

Thanks african chick!

Posted by: Hucbald at June 29, 2009 12:38 PM (O9yAg)

178

African Chick : In Nigeria, the exams we used to take to get the equivalent of a high school diploma were much better. They tested actual knowledge about various subjects. And man, were they hard. Some people started studying for them in 11th grade (we took it in 12th). I always say that the hardest exams I ever took were in high school. College was easier, both in terms of work load and tests. I am really glad I had all my education before college in Nigeria, but I do much prefer American college education.

Was this the "A-Level"? I took that one. Nigeria used to be one of our colonies. Some of the Caribbean nations still use the standard IIRC...

Posted by: Zimriel at June 29, 2009 12:45 PM (GwV+j)

179

That is absolutely fascinating. American kids are so spoiled.

 

I blame that on the liberals who took over the teaching establishment in the 70s.

Posted by: Vic at June 29, 2009 12:46 PM (5ynkO)

180 Zimriel,

No, that was equivalent to the O-levels. We didn't have to take A-levels unless we wanted to skip one yr of university or go to school in the UK. I believe only 4 subjects were required for the A-levels, but I heard it was even harder than the O-levels.

Posted by: african chick at June 29, 2009 12:49 PM (5Wjck)

181

Ah, you answered the question already.

The UK system is parodied in Harry Potter. You take the GCSE (formerly, "O Level") after what American colonials insist on calling the 10th grade. This covers all the basic subjects: maths up to calculus, physics without vectors, not quite enough chemistry to make stuff blow up good, and a language or two or three - usually requiring the notorious "GCSE French", which nobody speaks in France.

Then, in the Sixth Form ("11th-12th grade" here), you choose three-plus subjects and concentrate on just those. Mine were Maths, Further Maths, and Physics, so for me it was more like one and two-thirds subjects. (Made up for that lack of diversity in college though.)

Posted by: Zimriel at June 29, 2009 12:53 PM (GwV+j)

182 Get a judgment against some third world craphole, and for a cut, the Navy would shell their ports until they pay.


That is myopic, at best.  Power before principle.  The bayonet over the rule of law.  My point was what happens when another country's citizens decided to sue the USA?  Are you willing to place any faith at all in the fairness of a foreign court?  Unless you are willing to argue "power uber alles", there is no way you could be consistent.

Posted by: oLD gUY at June 29, 2009 12:56 PM (n1yDn)

183 Thanks, Zimriel. I forgot to mention that as a former British colony, we were modeled mostly after the British system. The exam is called WAEC (West African Examination Council) and was used in all the English-speaking West African countries. (We also called it SSCE in Nigeria - Senior Secondary Certificate Examination.)

Posted by: african chick at June 29, 2009 12:58 PM (5Wjck)

184

Only in England could the public schools be private. And WE'RE the ones mangling the language.

Well, considering the current administration I suppose we are, at that.

Posted by: The Atom Bomb of Loving Kindness at June 29, 2009 01:16 PM (CnrIa)

185

As I've hinted at in my post, GCSE in the sciences got dumbed down in the UK by the time I got there. They crammed enough information into you to think you'd learnt something, until you got to A-Level and realised that it was not, in fact, even a basic education. If someone gets into college with only a GCSE in physics or chemistry, that someone needs remedial.

I don't approve of how they taught French, either; although, in my case, I didn't even want to learn that language.

I didn't touch on English for GCSE. There were two exams in that, and both were a waste of time, in my opinion. They should continue to teach English, but reading and essay-writing skills can be just as easily tested in the course of, say, a history exam, or a scientific report.

Private schools often demand a "Divinity" / Protestant-Christian-propaganda exam, too. They should have dumped that shit centuries ago; the fools think we're still fighting the Cavaliers.

GCSEs were okay in maths and history though, and in the classical languages.

Posted by: Zimriel at June 29, 2009 01:17 PM (GwV+j)

186 Atom Bomb, given a choice between Gordon Brown and his Parliament, and Nancy Pelosi and her Congress, I'm considering a move to Nigeria.

Posted by: Zimriel at June 29, 2009 01:20 PM (GwV+j)

187 Zimriel, I don't know about that, LOL.

But at least, even with our history of almost non-stop dictatorships since Independence until the end of the last decade (at least officially), we know that a president has no business firing anyone in the private sector.

Posted by: african chick at June 29, 2009 01:35 PM (5Wjck)

188

American kids are so spoiled.

Little Caligula's.

Posted by: The Great Satan™ at June 29, 2009 01:37 PM (knIKF)

189 I'd have ruled against Ricci just because of her gargantuan forehead.

Posted by: Christopher Taylor at June 29, 2009 02:09 PM (PQY7w)

190 Alito's concurrence isn't "stuff we've all heard before." Rather he has recorded for posterity that the politicians threw out the test results because of pressure brought by an influential black pastor.

Posted by: Ed at June 29, 2009 02:34 PM (jvG2F)

191

I don't see much to celebrate about.  Four of these idiots want descrimination.  Four of these dullards are flaming racists.  Four of these dimbulbs don't care what the Constitution says.  Four of these cretins would trample on the rights of Americans because they think they have the right to do so,

 

 

Posted by: Thomas Jackson at June 29, 2009 02:41 PM (B8gqF)

192

Entropy: FYI, "Fuck" most likely comes from the Nordic "Fock" meaning penis.

Trivia of the day.

Tom Jackson: There's a fifth who only ignores the Constitution half the time. And he's only half stupid. Which isn't, in the end, much better. Don't forget Kelo.

Posted by: The Atom Bomb of Loving Kindness at June 29, 2009 03:07 PM (CnrIa)

193 Not "For Unlawful Carnal Knowledge"? What about the English usage of "a fig to thee"? - complete with hand gesture.

Just coincidence, I guess.

Posted by: mojo at June 29, 2009 03:46 PM (g1cNf)

194

Much of the test is scientific/mathematical, which is neither fair or unfair, it just is.

 

LOL, how much math and science do you need to be a fire fighter?


When WNYC TV was still owned by the city, they would broadcast FDNY training classes and anybody could watch. There is a shitload of science and math you need to be aware of, or you can end up dead or killing someone.


And to be promoted up the ranks you need that knowledge plus command/management ability. Not everyone has that in their skill set, and it doesn't matter how long you've been in the job.


These tests are all designed to measure these things because they are necessary and important. When the firemen come to your home you want them to be competent and capable of of doing their jobs.

Posted by: lmg at June 29, 2009 04:21 PM (Qt4Y7)

195 So I claim I have an ability or skill. I'm given a test designed to measure that ability or skill. I fail, and I'm told, "Sorry, you don't have sufficient ability/skill to do this job."

Unless I'm black. In that case, the liberals say, "Oh, no! You DO have that ability. YOU DO! We KNOW it! That damned test was designed to make only people of your race fail! Throw out the test and make a new one. And if you fail that test, they'll have to throw out that test and make another one. Because we KNOW you have that ability."

Based on what metaphysical knowledge?

What the liberals and the PC mafia can't seem to accept is that racial differences exist and they are real. Give any test of intellectual ability anywhere in the world and the rankings will sort out the same way: Jews, East Asians, Whites, Hispanics, Blacks. That's the reality. Other skills show different rankings. Different groups are - shock - different, and some are better than others at certain skills. We've spent a trillion dollars trying to make this reality go away, and it's still here. Let's just deal with it, realistically and honestly.

Posted by: lmg at June 29, 2009 04:40 PM (Qt4Y7)

196 This (imo) is actually one of the larger problems with AA.  What happens when a non-qualified person is put in charge of something more than sweeping the streets?

You get situations like this: Word is that Michael Jackson's black cardiologist did not know how to properly administer CPR. He tried doing it on the bed, when the patient needs to be on a solid surface like the floor. He had to be told this by the 911 operator.

Posted by: lmg at June 29, 2009 04:44 PM (Qt4Y7)

197 the fucking blacks would not stand being discriminated against after 100 years do they think that the fucking whites are going to wait for a 100 years before they want the discrimination against them to end.

Posted by: pby at June 29, 2009 09:18 PM (vaNxt)

198 The next best thing these judges have done since they declared  WASHINGTON D.C. gun control law unconstitutional now if they would only reverse the KELO ruling as well as ROE vs WADE

Posted by: Spurwing Plover at June 30, 2009 10:57 AM (X0wbl)

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