SCOTUS Rules For White New Haven Firefighters

June 29th, 2009, 11:17 AM EDT

In ruling in favor of the white firefighters, the high court went against a decision by nominee Sonia Sotomayor, something sure to be underscored by her detractors.

 

New Haven was wrong to scrap a promotion exam because no African-Americans (such as Gary Tinney, r) and only two Hispanic firefighters were likely to be made lieutenants or captains based on the results, the court said Monday in a 5-4 decision. The city said that it had acted to avoid a lawsuit from minorities.


The court was divided along ideological lines and, in dissent, Ruth Bader Ginsburg wrote that 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 Bryer, Souter and Stevens signed on to the Ginsburg dissent.


It’s important to note, when conservatives try to use the Supreme Court reversal to argue against her joining the court, that she is not being nominated to agree with the conservative majority.

Responses to this post...

  1. What does Sonia Sotomayor have agaist white people.

    Rocky the Liberal Rottweiler Reply:

    Well, for one thing, she probably thinks you’re really really stupid, but she’s just too polite to say it, regardless of how much proof you provide.

    pizzaman Reply:

    Oh, I get it. A Supreme Court Justice who thinks that white people, in general, are stupid. Thanks for cluing us all in, Rocky. I’m sure she’ll endorse that view in her confirmation hearing. Or will she be false?

    Next liberal, please step up.

    pizzaman

    Rocky the Liberal Rottweiler Reply:

    Most people are dumbasses, and you think because you’re white you’re an exception?

    Hey, that’s funny.

  2. PLUS she followed precedent (generally what they are “supposed” to do) AND it was a unanimous decision by the THREE person panel, issuing an opinion she allegedly did not write-right:)

    OldLefty Reply:

    The problem is that she is not a judicial activist.

    The New Haven law was clear.

    They could have made a new law.

    GuidoVanHorn Reply:

    yeah…wasn’t the new haven law clear that the test was how they decide who is qualified for a promotion?

    pizzaman Reply:

    She did not have the courage or the INCLINATION to follow the CONSTITUTION. THIS is our binding precedent.

    pizzaman

  3. Alan quotes: Ruth Bader Ginsburg wrote that 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.”

    K: No one was asking for a ‘vested right to promotion’ but simply a fair chance at one. To throw out the test results because the ‘right’ races didn’t score well denied those who DID score well the opportunity to advance.

    pizzaman Reply:

    Further to Kregg’s comntention against Ginsberg:

    Since when is required that an applicant for a job have a “vested” right to that job in order to have a valid discrimination claim? If a black and a white are competing for a job, NEITHER has a “VESTED” right to the job, but EACH has a valid discrmination claim IF the job is denied on grounds of race. What’s so hard abouit THAT? Why does it it take a genius to figure this out. Why can the conservative majority of the Supreme Court see this, but Ginsberg and her liberal colleagues not? Hmmmmm? Answer: Blinding, pathetic white guilt. EricG — care to respond? Did YOU ever violate God’s law against racial discrimination? I didn’t. And if not, why hold us BOTH accountable?

    pizzaman

    EricG Reply:

    Do I violate God’ Law about … racial discrimination?

    I know no such specific part of God’s Law. It’s against hate, not specifically ethnic hate but all hate.

    Like right now I hate you. I hate you because you keep bringing me up in the course of making your points and I have never done such a thing to another internet user in all my life.

    Maybe I should start. Using people on the internet as examples of racism and bigotry and hate for liberals. Why not?

    We all violate the law against hate. We are human after all. But we must fight this within ourselves.

    Just as a person who feels ’superior’ to others due to race should fight this urge within themselves to view themselves as superior.

    Kind of like … the way how you view yourself as superior to liberals. Is that racism? Think about it. It’s not racism but do you think of liberals as your equal? Intellectually or as a person at least?

    I doubt it. That’s why I have no respect for you as a man, your opinions aside.

    You’re just one more vile dog out there causing harm to nation with partisanship taken to new heights.

    Waste of time all true patriots. Seriously, David.

    Grow the fuq up and be an American.

    “I didn’t”

    NEWSFLASH LIBERALAND!

    Pizzaman is God!!!!

    He knows all the transgressions under God’s Eyes because he is God and knows all the secrets of the universe and where exactly he is accountable for everything he ever did.

    “And if not, why hold us BOTH accountable?”

    We are all accountable. You are accountable before God for how much you hate your fellow Americans called ‘liberals’ and in the same I am held accountable for my hate against Americans called ‘conservatives.’

    Next time you want to pick a internet fight with someone you might want to pick someone who is timid and will back off. You’ll be much happier ramming your nonsense and BS down their throat than you ever will dealing with me.

    This is the web. You’re going to be more a coward than you would be to my face and I’m going to be more edgy here than I would be in person.

    But in the end it’s best we don’t met. I don’t enjoy people who can’t be civil and respectful. I don’t think much of people like yourself, or rather people who present themselves as you have.

    It’s a bunch of hollow ‘look me and my hatred and superior intellect’ while when you look around you don’t find people like myself who are outspoken, surely, but not involved with declaring myself ‘above’ others.

    I’m right and you’re wrong. About ____. That’s true.

    But I’m no better than you and vice versa.

    This is America. Try to act like it. The burden falls to you as well as I. If you won’t do anything but be a partisan against liberals then you are a piece of carp American, same for me and cons.

    It’s not a game. So don’t screw around.

    GuidoVanHorn Reply:

    I know no such specific part of God’s Law. It’s against hate, not specifically ethnic hate but all hate.

    ericg…are you saying that you NOW know what Gods will is concerning hate? I thought you categorically denied that we have the ability to know such things in another post.

    Daddio Reply:

    Eric said, “I hate you because you keep bringing me up in the course of making your points and I have never done such a thing to another internet user in all my life.”

    Excuse me Eric, but I have seen my name in a few of your comments when you are in the course of making your points.

    So, watch it. Words can come back to bite you.

    EricG Reply:

    No, you’re right. You absolutely have a point there. In the end I don’t mind. I’m just saying that usually don’t pop in to declare JaredfromTexas a retarded neo-con or call you a communist bastard or whatever lame partisanship I engaged until you guys ACTUALLY SAY SOMETHING!

    That’s my only point in retrospect, it’s kind of flattering but I have my own blog and you guys can say anything you want short if swearing and threats of violence and I’ll approve you.

    That’s all. Bipartisan attempts fail but I’m not giving up DAMNIT!

  4. Reverse discrimination is alive and well. How long had that test been used? Changing an exam or throwing it out based on your opinion that a certain skin color simply can’t pass it isn’t leveling the playing field, it’s assuming “that” certain skin color is too stupid to EVER rise to the occasion.

    She gave a one paragraph response in that case that basically said they didn’t have a case. Guess her interpretation was wrong.

    And you are right Alan, she isn’t supposed to agree or disagree with coservatives or liberals…..she is supposed to side with BLIND justice, which by the way DOESN’T include weighing one’s skin color when interpreting the law.

    Kregg Reply:

    So, Bliss, you’re saying that the best equipped people should be promoted and not those who have politically correct skin? Hmm… I’ll have to think about that for a while because its certainly a new concept around this board.

    pizzaman Reply:

    Kregg: I appreciate the sarcasm and all that, but it’s not really new to this board to suggest that those with politcially corrrect skin have an advantage at promotion. C’mon, dude. This is the stock in trade of liberalism for the past 30 years, at least since Bakke. Rember that great liberal, William O. Douglas? HE — as liberal as they came when race was sensibly weighed — said that “there is no constitutional right for any race to be preferred.” DeFunis v. Odegaard. Who argues with this? Ginsberg, and the rest of the lierally incredible minority. Firefighters are denied promotion for no ther real reason than that they are white. If my house is burning, I don’t give a damn — nor does the Constitution — what race or ethnicity the firefighter (aka “fireman”) is.

    Kregg Reply:

    K: Pizza, the truth was in the sarcasm… ;-)

    pizzaman Reply:

    Dear HHHHAH:

    I read your post after sending my reply. We are in a legal mind-meld, my friend, which is fairly easy when Alan passes on matters that require the application of law to issues of race. But didn’t you know that WE are the racists? Aren’t you getting tired of this crap? Do you liberals assume I am a white WASP? Wrong. I’m a white hispanic who thinks it’s none of the government’s damn business what race or ethnicity I am. Isn’t that what the 14th Amendment means? Didn’t we fight a blood-curdling civil war over this? Weren’t the civil rights acts passed because of this? Don’t patronize me, you pathetically guilt-ridden, self-congratulating, liberal idiots. Equality under law isn’t there to assuage your feelings. Go back and read the Constitution. My father flew 34 missions over Europe for it. Treat me as an equal. If I pass, I pass; if I fail, I fail. But don’t condescend on the ground of skin tone or national origin — it’s a sure sign that you consider yourself my biological superior. You are not. “We hold these truths to be self-evident . . .”

    pizzaman, David J. Cortes

    RDM Reply:

    My name be Eboneeser Li Herenandez, an African Hispanic Asiatic-American guy who got an award for being the bess speler in my class. I got 75% on the promotin exam and 30 points being black, 5 points for not bringin drugs into test room, 5 points for not bringin guns into test room, 5 points for jes bein there-it be hard to beats a score of 120%. White Hispanic dude who sit nex to me is Daivid. He got 94% on the test but no extra points.

    My granny ax me to thank all Dimocrafts and Liberuls for suportin Afermative action. You be showin da way to true eqwallity.

    I be gittn in medical skool nex an mabe I be yo doctor when Barrac take over da healthcare in dis cuntry.

    pizzaman Reply:

    Thanks for making my point more emphatic, albeit with racial overtones that I find deeply and stupidly offensive. I spelled my name. Do you have the balls to spell yours? You’re a cheap caricature of an American conservative. Who are you? Name yourself or withold your piece, stupid coward.

    pizzaman, David J. Cortes

    EricG Reply:

    What in God’s name is wrong with you conservatives?

    Good Lord!

    My name is Eric J. Goeke and all of you disgust me with your hatred for your fellow Americans. Your ignorance of the world around you. Your disrespectful conduct with anyone you view as ‘liberal’ or ‘left.’

    I will fight you guys in the streets if we have to.

    If your taking away people’s freedoms and trying to degrade our nation into more and more Republican rule that has already been shown to be wholly failed and wholly evil, then we have to stop you.

    This nation is too precious to hand over to bigots, zealots, corporatists and morons who refuse to learn anything except their own perspective.

    GuidoVanHorn Reply:

    I have a friend who’s last name is Goeke…he’s such a smart and even-handed individual…you must be from another branch of that family tree.

    Kregg Reply:

    Well said, Pizza…

  5. I know if there was a fire at my house I’d rather have a black firefighter come cos they are faster afoot and can jump higher if I’m on the second floor

  6. ….plus Black firemen carry a longer hose

    pizzaman Reply:

    Ha, you bottom-feeding carp.

  7. That exactly right, Alan. She not NOT being nominated to vote with the conservative majority. She SUPPOSED to be nominated for her intellectual ability to bring the CONSTITUTION — with the 14th Amendment, a color-blind, non-racist document, halelluliah! — to bear on hard legal issues. But IN FACT, Obama has nominated her precisely because of her penchant for giving preference to black or brown skin tone. Yes, appoint her . . . because she has the intellectual and legal qualifications, and under law, the President has that raw power. But be aware, and beware, of what Obama has appointed: Raw judicial power. And to hell with the Constitution. See Ricci v. New Haven. Funny, true conservatives who act in good faith usually lose out on the raw power decisions. And you EricG, are thinking, “Yeah, yeah.”

    pizzaman

    Um Cara Reply:

    I think he has nominated her because she is an anti civil libertarian, nothing to do w/ ‘preference to black or brown skin tone’.

    pizzaman Reply:

    You’re naive.

    blissfulconservative Reply:

    I’ll agree with your first sentence UM, but I think a lot of her decisions would be based on skin color/socioeconomics.

    Course that is my opinion.

    pizzaman Reply:

    blissfulconservative:

    Stand up! “That is my opinion,” my deeply creviced arse. Sotomayor has made a career out of skin color and national origin. I’m an American who “happens to be” hispanic, and I’m fed up with the condescension. “La Raza” = “the race.” This is a collective admission of special need. Well, I don’t need — and I emphatically REJECT — any benefits conferred because of liberal white guilt. “This isn’t about you,” you Anglo, EricG–style liberals. And it’s not about you either, brown skinned hispanics or blacks. It’s about what WE are as a people, and about our founding, our BINDING documents. Get that? “BINDING,” in more sense than one. WE, as one, are BOUND by this document. Want to reject it? Fine, then go fight the civil war all over again.

    pizzaman

    blissfulconservative Reply:

    hey pizzaman, if you would scroll up you would see that we agree.

  8. Pizzaman:

    Since when are you are allowed to omit from your sentences verbs of the form “to be”? “She NOT being nominated . . .”??? “She SUPPOSED to be nominated”??? WTF does THAT mean? Weren’t you taught by good Benedictine nuns? Sister Mary Walburger? (God bless her soul.) Didn’t you learn ANYTHING from all that diagramming? How did you get through law school? Just being Catholic in a Catholic law school, I guess.

    pizzaman

    EricG Reply:

    You sure you don’t want to say somethig racist?

    You sure? How about some sexism?

    Come on. That’s all you conservatives do when your ‘debating others’ so cut the filler and just explain how you hate the mud races and the ‘dames.’

    I mean, it’s obviously 1930 in your head so just cut loose man.

    pizzaman Reply:

    EricG:

    I just apogized for unkind things I said to you on this public web. But I am part “mud race,” and still know that I am equal under the law and in God’s eyes. That some see me as a “mud race” — I know you don’t, but some do — is sheer ignorance. Ignorant too is the branding as “conservatism” the perverted morality that I confronted David Duke personally, when I was just 23. That was a long time ago. I know whereof I speak, brother. You do wrong to try and collect us conservatives under Duke’s lonely tent.

    Nothing offensive spoken here. AMDG.

  9. Elections have consequences. That’s how we ended up with Scalia and Thomas. Ditto for the liberal judges.

    pizzaman Reply:

    You’re right, Southern Girl. They do. Now let us live with it, with a full awareness of the love of raw power that we’ve elected.

  10. blissfulconservatice: It’s because I already have scrolled up that I say we have done a mind-mild. Yes, we agree. But don’t give an inch, even in a toungue-in-cheek “Of course, that’s just my opinion.” That’s a Dennis Miller-type of humor that liberals cannot get, much less take seriously. (Take humor seriously? Think about it.) Liberals really do believe — Ha! — that all opinions are of equal value. Even Miller is above their heads. Show some intellectual arrogance. You may as well; by taking any stance at all, you proclaim your views to be better than the next guy’s.

    pizzaman

  11. OK. As of 4:37 p.m., on 6/29/09, the uncontested fact is that a firefighter (aka “fireman”) was denied a promotion simply because he outscored all monority copmpetitors: black, hispanic, Asian, Venusian, Venetian, Malthusian, and Carpathian. The 14th Amendment says: “No State shall . . . . . . deny to any person within its jurisdiction the equal protection of the laws [on ground of race].” Why does the conservative majority have to engage in a death struggle to uphold this premise, which follows so naturally from the eralier premise that :We hold these truths to be self-evident . . .”? Is it that we no longer believe in “self-evident” truths? Or a Creator? God help us if that’s the case. What saved Jews under Hitler? Raw American power? Or adherence to the idea that, under God’s Natural Law, we are equal? EricG: Would you contend that we are ignorant regarding God’s wish concerning Jews in concentration camps? Or the tortured in Darfur? Has false pride so fogged your internal compass that drops of condensation obscure your needle? Think straight. God gave you a mind. I don’t mean to pick on EricG or be mean to him, but he has set himself up as the enemy of natural reason, which flows from God. If not from God,then from EricG and the like-minded who deny all constants, except those like “don’t racially discriminate” or “don’t screw the planet.” But even in asserting these constants, EricG (aka modern liberal man) acknowledges a source of authority and truth greater than himself. Who might this be?

    pizzaman

    pizzaman Reply:

    yes, yes, pizzaman. I give. You’re right! Now get off my blog!

    pizzaman

    EricG Reply:

    I see my name in there a lot.

    You care to label yourself while your labeling me?

    Are you a conservative? Are you a Christian?

    How about an American?

    Are you now, or have you ever associated with a communist?


    “don’t mean to pick on EricG or be mean to him, but he has set himself up as the enemy of natural reason, which flows from God”

    Well, your ‘good Christian’ self did just that and you will need to face up for what you’ve done.

    The fact remains that we have freedom of religion in this country so whatever insane fundamentalism you are fitting yourself up for … you can’t touch me.

    So chew on that for awhile. I have my views on God and Christ and you have yours and in the end you can’t tell me what to think or cause me any harm or stop me from spreading the TRUTH OF JESUS CHRIST in the face of your vicious lies designed to keep people in chains of misery and hate.

    “EricG: Would you contend that we are ignorant regarding God’s wish concerning Jews in concentration camps?”

    We didn’t go to war over the Jews in WWII.

    I don’t see your point, at all. If we could know for certain exactly what “God’s wish” was at any given moment our lives would be infinitely easier.

    If you want to accept all the words of the KJB as truth and solid then that’s your failing and not mine. You go right ahead worshiping Constantine and his apprentice.

    “Think straight. God gave you a mind”

    That’s not the problem. The problem is hate-monger and disgraces to humanity like yourself choose to promote idiocy and bigotry when others seek to fill the world with Christ’s love.

    Glad to know you’re fighting me on this one.

    Good to know I have people in my court.

    “If not from God,then from EricG and the like-minded who deny all constant”

    You are angering me by putting words in my mouth that I never said. Would you try not to lie so much about me? Please? It’s a simple request.

    I never ‘denied all constants,’ show me where I did this.

    Death is a constant. We all die. Time, gravity, etc.

    I am trying not to degrade into name-calling and bitter comments but I’m not seeing a lot of Christian in anything you are saying. In fact I don’t even see any of God’s love in this very human posting of very biased views against me personally and liberals in general.

    “acknowledges a source of authority and truth greater than himself. Who might this be?”

    It’s God. It’s not my business to tell everyone else all the things of the world and everything I understand to be true. Supposedly we are supposed to learn things on our own without hand holding all teh way through.

    —-

    You all those who would attack someone for sharing a perspective on God other than fundamentalism are the ones who are ENEMIES OF REASON. The destroyers of Christ’s love in the streets and the followers of the hate-preachers who spread intolerance of gays and promote an end to religious freedom in the US.

    Admit it. You hate this nation.

    If it were another country you would never have to hear anything but the secularism of the state or the approved religion which sits just fine with you.

    When you have to hear anything but your perfectly ARCANE and equally INSANE orthodoxy then you have to call some a ‘enemy of reason’ and ‘pick on them’ because it threatens everything you do to have people … question the idiocy of religion.

    And yet pull away the greatest lessons. Thus making all the hate and BS you all drown yourselves in become nothing but a hollow shell which serves no purpose except to draw blood and feed Satan.

    I will resist the swearing, and simply say:

    Next time you want to pick on me come to my blog and say it to my face you coward.

    Pizzaman = fascist pig

    hhhhhah Reply:

    Pizzaman = fascist pig

    What Eric, no race card to follow.

    EricG Reply:

    He is picking me out of the crowd and I can;t figure out why…

    I retract that statement. I was pissed when typing that.

    Are you going to retract some BS you posted?

    Didn’t think so.

    Typical conservative partisan-house unamerican bull from you guys … all day long.

    goliath43 Reply:

    EricG

    Take your meds please.. you’re really losing grasp on reality

    EricG Reply:

    Whatever, you’re one more partisan loser who never once shown any respect to this nation or the liberals of the world.

    You deserve all the anger and then some.

    And all you conservatives are the ones losing your grip on reality.

    I seem to remember debating if the recession even happened and if Bush was ever president or somethig like that the other day on here.

    If anyone in America is living in a bubble of lies and falsehoods it would be the conservatives of America.

    I shouldn’t care, that’s what my friends say.

    they say you guys are fools who will never learn to be anything but fools.

    I think more of you. But you don’t make it easy with the way you all treat me.

    makes me think maybe I was wrong. Maybe you are all communist scum who deserve a bullet like some of my friends think…

    hhhhhah Reply:

    wooo Eric, its not good to get that upset. Nothing personal here, but maybe you should stop listing to your friends talking about bullets.

    EricG Reply:

    They don’t believe in Christ or any of this side of my ‘bipartisan attempts’ so I can see where they are coming from, I guess.

    But it’s insane. I’m the worst. I’ll be the first to say it. But I also see nothing to start with on the conservative side. No place I go send someone to hear a non-BS conservative perspective in politics.

    People don’t believe something until they see it. If all you allow yourself to see is race and politics and religion you are missing the bigger picture.

    But it’s all my opinion in the end. So I can state myself minus the name-calling and partisanship but who on the right will join me?

    It’s a two-way street. When the other guy throws punches it’s hard to get anything done, it’s really that simple.

  12. [...] and Their Assault on America, sits down with Alan to debate the Supreme Court’s ruling on white [...]

  13. Finally, justice for those firefighters who were wronged.

  14. According to the AP, city officials said there were nothing wrong with the tests except the racially skewed results. “Fifty-six firefighters passed the exams, including 41 whites, nine blacks and six Hispanics. But of those, only 17 whites and two Hispanics could expect promotion.” This very well could’ve been a matter of coincidence over race. The tests were job-related so I doubt discrimination was the intent of the fire dept. Overall, if the city like it said was acting to prevent a lawsuit, then they weren’t acting for the right reasons.

  15. http://ericlightborn.wordpress.com/2009/06/29/pizzaman-versus-ericg

    I never do this, but I felt inspired.

    You’re all immortalized into my triple blogging efforts!!! Hehehehe

  16. Sotomayor is 1 for 7 with the SCOTUS.

    Batting a lowly .142. I’m afraid not good enough for the big leagues. Send her down to the minors to work on her game.

    GuidoVanHorn Reply:

    isn’t it 2 for 6?

  17. RBG says: “…But they had no vested right to promotion…”

    If the company has a promotion program…
    And they participate in the promotion program…
    And they meet all requirements for promotion…
    And if there are promotions available…

    They sure as hell have a “vested right to promotion.”

    What is she thinking? Maybe her hair bun is too tight?