Race was a Factor Judge Sotomayor...So Sayeth the Supreme Court!

Most of us who have been following President Obama's nomination of possible Associate Supreme Court Justice, Sonia Sotomayor, already knew that the Supreme Court would reverse the decision she endorsed in the white firefighters case against the city of New Haven, Connecticut. We were right and the honorable Sotomayor was rightfully wrong. Seems she has the same pattern as the one who nominated her.

The Supreme Court ruled Monday that white firefighters in New Haven, Conn., were unfairly denied promotions because of their race, reversing a decision that Supreme Court nominee Sonia Sotomayor endorsed as an appeals court judge. From the beginning, almost everyone who reviewed the case knew it was reversed racial discrimination. Well, almost everyone.

Judge Sonia Sotomayor was one of the few who did not see the reverse discrimination when the city of New Haven, Connecticut threw out the promotional exam because no African-Americans and only two Hispanic passed the exam. Their reasoning? The city said that it had acted to avoid a lawsuit from minorities.

So, basically, Judge Sotomayor agreed to protect the city of New Haven from lawsuits over the rights of a particular race of people, which just happens to be white. I hope everyone can see the pattern Sotomayor has cut. She has openly stated this is the way she will rule when and if she is affirmed to the Supreme Court.

"Fear of litigation alone cannot justify an employer's reliance on race to the detriment of individuals who passed the examinations and qualified for promotions," Justice Anthony Kennedy wrote in the decision. The Supreme Court ruling was split 5-4 and it is certain to be the main topic in Sotomayor's confirmation hearing in front of the Senate Judiciary Committee.

The five Justices, who sided with the white firefighters, concluded that the city of New Haven violated Title VII of the Civil Rights Act of 1964 by discarding promotional test results that favored Frank Ricci and other white fire department applicants. "The city rejected the test results because too many whites and not enough minorities would be promoted," Justice Kennedy wrote. "Without some other justification, this express, race-based decision-making violates Title VII's command that employers cannot take adverse employment actions because of an individual's race."

In your face, Ms. Sotomayor. Finally, justice has been awarded to these firefighters. The decision also concluded that in the future, public employers must have a "strong basis in evidence" that they will be sued before discarding the test results on the grounds of race. How do you think the 5 to 4 split in the decision went?

The five so-called conservative Justices voted in favor of the white firefighters while the four so-call liberal Justices voted against. This is where people should open their eyes because those liberal Justices proved that they base their decisions on empathy, not law.

In her dissent, which the other three Justices signed onto, Justice Ruth Bader Ginsberg stated "Mr. Ricci and his fellow (firefighters) understandably attract the court's empathy," Ginsburg wrote. "But they had no vested right to promotion." Are you for real Justice Ginsberg? These white firefighters, who worked extra hours, who studied and spent their own money in preparation for this exam and passed it with higher test scores should NOT get a promotion?

It seems to me that these four liberal Justices believe in discrimination and racial preferences when it is applied to a certain race of people. Can we now go back in history and tell those who were rewarded promotions based on their race that "they had no vested rights to that promotion" and we are sorry for the inconvenience? Exactly! That is a ridiculous statement that Justice Ginsberg made.

What happened to competition in American? Take your time and think about that question. Would you rather receive a promotion based on your work ethic, knowledge and ability or would you rather receive it based upon your skin color?

Now I know that in the past, African-Americans were unjustly discriminated against solely based upon the color of their skin. We have come a long way since the 1960's and the playing field has become level for all individuals. Why should any corporation, small business or individual be frightened to hire the best qualified candidate for a job?

Because of liberals like Sotomayor, Ginsberg, Breyer, Souter and Stevens! All of us who believe in "justice for all" have to be scared of the "empathy" tactic. I often wonder when minorities are going to speak up and tell liberals that they are totally capable of getting a job or promotion based on their skills and not based on their skin. I believe most individuals believe in fair competition.

Liberals, like those listed above, historically have been the individuals holding back minorities for decades. Liberals have injected race as being a reason why minorities can't get a job or education. in the past this was true but in today's world, nobody can stop you from obtaining your dream job or education.

The New Haven case arose out of the city's efforts to promote a new batch of firefighters. The exam was broken down by a written test, which counted for 60 percent, and an oral exam, which counted for 40 percent. That sounds fair and balanced. No racial bias there.

Now, here comes the "problem." The African American firefighter's pass rate on the written part of the exam was roughly half that of the white firefighters. Then it was reported that the Hispanic firefighter's pass rate was even lower which meant that none of the top 19 scorers in in the competition for captain and lieutenant position were African American. Under civil rights law, in the Civil Rights Act of 1964, this is considered a "disparate impact," which can be considered evidence of discrimination.

The individuals who qualified for these positions happened to be 18 white firefighters with one Hispanic firefighter. What is the problem with that? Well, liberals like to throw around percentages to make their case since they can't argue with facts.

African Americans make up about 37 percent of the population of New Haven, with a Hispanic population of about 21 percent. The "problem" is only 15 percent of the fire department's officers are minorities. The city of New Haven's Civil Service Board declined to certify the test results when they were pressured by lobbyist and several influential African American groups. Shocking huh?

Should we use percentages in making all our decisions about employment and promotions? Since the U.S. population is 70 percent white, shouldn't the NBA be 70 percent white? Oops, I forgot. The NBA is about hiring the best individuals based upon their skills for competition. Maybe that is the way it should be in real-life?

In every business that I have owned, I have only hired those individuals that would be beneficial to company. Never once have I turned down the best prospect due to the color of their skin. It is truly about who is best for the position and who will be a benefit to the company's work product.

There is no doubt that this ruling will alter employment practices across the U.S. Proving real racial discrimination will be harder unless you have evidence that it was intentional. All this in the name of making everything "equal."

So, once again...in your face Judge Sotomayor...in your face. What is discrimination for one group is discrimination for all groups. No individual group should benefit from a law that does not benefit us all. That is just my honest opinion. Up front and in your face!

Source: http://www.supremecourtus.gov/