The possible coworkers of Obama’s first high court pick, his “I wish I could pack the Courts like Roosevelt wanted to” selection who will subvert law with ideology and activism, decided to hand Sonia “Shemp” Sotomayor her legal lunch today. The typically dismissive tone that elitist liberals invariably take when confronted by the law was again utilized when she made the 135 word “ruling” in the discrimination case of Ricci v. DeSefano. The Supremes didn’t think too much of her pooh-poohing such a matter. Actually, her contemporaries on the bench didn’t like the idea as well. An elitist who places race above ability, a perfect fit for the Obama oligarchs..
The “particulars” of the case highlights the “potential” that Sotomayor has as a Supreme Court justice. In 2003, 118 applicants took the exam to fill fifteen command level positions (seven Captains, eight Lieutenants) at the New Haven Connecticut fire department. The top nine scorers after the tabulations were seven whites and two Hispanics. None of the 22 blacks who took the test scored “high enough”.. Uh-ohh.. That used to mean that someone didn’t study enough, now it means that there is discrimination and subterfuge afoot..
With that, the New Haven fire department decided to “scrap” the test because they feared a LAWSUIT based on the Title VII segment of the Civil Rights Act of 1964. The city KNEW that they would lose if blacks sued the city or the department regardless of the demerits of their alleged case. They were apparently willing to roll the dice guessing that they would easily win a case if the whites decided to sue, so they dumped the test. The test was flopped on the basis of “fairness” (the 80% rule”.. job related tests in which the passing rate of a racial minority is less than 80% of the white rate is PRESUMPTIVELY flawed..) and the flawed theory of “racial recognition”.
For years the left brayed and snorted over the teachings of Dr. Martin Luther King who believed in “color blindness”. The left has decided to interpret color blindness as “color consciousness” in the hopes that everyone will simply give them a pass.. Thus we get “reverse discrimination” blanketed in the sophomoric synonym: “affirmative action”. Race is apparently only relative or worth “recognizing” when the hue becomes less alabaster..
This then became what is known as a “Per Curiam” (by the court) opinion. Here the judges can anonymously hide behind the ” group decision”. In this case they chose 135 words to tell the white firefighters that neither their race nor their accomplishments mattered. They begged to differ.. In the end, the Supremes overturned the Sotmayor (et al) racial folderol. What does all of this tell us about Obama’s nominee and her liberal provenance?
First, the liberal “idea” is to always blame an inanimate object when one of their pet projects fails or acts feloniously. For example, they blame the gun. Here they blame the “test”. I blame those who are apparently inadequate and their demand for inclusion despite their inadequacies. Here however, the “failures” didn’t even have to file suit, the reflexology of the liberal lawsuit mill and all of the negative implications invariably implied by the “impartial” media made the city of New Haven flinch. I commend those who prepared and who succeeded in their examinations.
This all came from the defective theory that the test was exerting a “disparate impact” on minorities.. Was the test that these firefighters were taking based upon the principles of firefighting and command leadership? Or was it overburdened with an inordinate amount of questions about quantum physics? Maybe there were too many queries about molecular biology or there were too many questions about arcane architectural analysis.. If we MUST recognize race (remember: we are color blind..) 22 applicants failed who happened to be black. If we have to recognize race, 89 white and Hispanic firefighters failed to score well enough to be considered for the seven Captain’s spots. Where is their lawsuit?
When the liberals try to determine the “equality of outcome” and when they find themselves stumbling over their feebleminded “fairness”, they do it via the same type of discrimination that they used to bellyache over.
Equality of opportunity (color blindness) means that the best, regardless of pigmentation and plumbing, ascend the ladder (a firefighting pun..) of promotion. To “recognize” the race of the losers and to punish those who accomplish and succeed based upon their race is to DISCRIMINATE. The left would never do something like that..
No one should therefore study or prepare for these types of examinations. As long as the “proper proportions and percentages” show up to be promoted, everyone regardless of ability should be promoted!
Those who “lost”, the ones who DIDN’T file a lawsuit, might very well be superlative firefighters but it seems that they had not sufficiently studied this time to be considered as potential commanders. It’s not as though they will never be allowed to take a promotional examination ever again because of their scores during this promotional process. THAT would be discrimination. They weren’t fired, they just weren’t promoted and they didn’t even file a lawsuit.. So to stave off a lawsuit that hadn’t been filed, a lawsuit that the city felt they would have lost BASED SOLELY (pardon the pun..) ON THE RACE of the plaintiffs, they threw out the “test” because any suit filed by whites based upon the claim of “racial discrimination” would never have been substantiated.. That particular kind of discrimination is apparently fine with the city of New Haven.
The liberal’s beloved “fairness” can NEVER be anything other than an arbitrary and amorphous hodgepodge of wishes and feelings as opposed to actual law. Basically, they believe that “justice” (their distorted view of it) should take precedence over the law. This is called “judicial activism”. This is the “thinking” of someone who wants to have a job for LIFE, someone who endorses the “views” of such organizations as La Raza.. One wonders if those who bleat about “fairness” (the ones who recognize race, not ignore it.) have the capacity to understand the true meaning of “fairness” or whether they are just concerned with the implementation of their own definition of the word..
“Equality” is a misnomer when the left sounds their horns of heresy. It is nothing more than a scam covering for their patented racial discrimination. When the inanimate object, the “test” (2+2=4 or does it?) becomes the issue, it actually isn’t the issue. The issue was actually the race of those who failed.. That bizarre type of liberal dichotomy will prove to be one of many “issues” with this selection for the Supreme Court.