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  1. #1
    Sinner's Swing! Jesus H Christ's Avatar
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    Default Supreme Court rules against affirmative action

    WASHINGTON -- The Supreme Court has ruled that white firefighters in New Haven, Conn., were unfairly denied promotions because of their race, reversing a decision that high court nominee Sonia Sotomayor endorsed as an appeals court judge.

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

    The ruling could alter employment practices nationwide, potentially limiting the circumstances in which employers can be held liable for decisions when there is no evidence of intentional discrimination against minorities.

    "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 said in his opinion for the court. He was joined by Chief Justice John Roberts and Justices Samuel Alito, Antonin Scalia and Clarence Thomas.

    In dissent, Justice Ruth Bader Ginsburg said 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 Stephen Breyer, David Souter and John Paul Stevens signed onto Ginsburg's dissent, which she read aloud in court Monday.

    Kennedy's opinion made only passing reference to the work of Sotomayor and the other two judges on the 2nd U.S. Circuit Court of Appeals who upheld a lower court ruling in favor of New Haven.

    But the appellate judges have been criticized for producing a cursory opinion that failed to deal with "indisputably complex and far from well-settled" questions, in the words of another appeals court judge, Sotomayor mentor Jose Cabranes.

    "This perfunctory disposition rests uneasily with the weighty issues presented by this appeal," Cabranes said, in a dissent from the full 2nd Circuit's decision not to hear the case.
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  2. #2
    Atomic Punk
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    I'm glad this decision landed how it did. Hopefully this is a big step towards companies being able to protect themselves against bitter people with minority complexes and a feeling of entitlement.

    Sometimes, the white guy really IS better at something than a minority.

    Who'd have thought.
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  3. #3
    Atomic Punk Raldo's Avatar
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    For me, just give me the best person at the job regardless of race or gender.
    I know it's easier said than done.
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    Atomic Punk
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    Quote Originally Posted by Raldo View Post
    For me, just give me the best person at the job regardless of race or gender.
    I know it's easier said than done.
    it really shouldn't be all that difficult.
    Stay out of it, dude.


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  5. #5
    Baluchitherium
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    After I was hired - my boss told me I was lucky to get the job b/c I was a white male. Only reason I got it was because I had military experience...

    Glad to see the right thing was done for the firefighters. If you pass the test, you get promoted no matter what race or gender you are. I'm interested how the confirmation hearings go with Sotomayor since she voted against the firefighters in a lower court.
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  6. #6
    Hang 'Em High sickman's Avatar
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    Quote Originally Posted by Buschman View Post
    After I was hired - my boss told me I was lucky to get the job b/c I was a white male. Only reason I got it was because I had military experience...

    Glad to see the right thing was done for the firefighters. If you pass the test, you get promoted no matter what race or gender you are. I'm interested how the confirmation hearings go with Sotomayor since she voted against the firefighters in a lower court.
    She may have voted against what the Supreme Court just ruled, but the Supreme Court ruling was by 1 vote. It wasn't like all of them ruled against her ruling, but none the less it will be interesting.
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  7. #7
    Baluchitherium loveevhsince79's Avatar
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    Quote Originally Posted by Raldo View Post
    For me, just give me the best person at the job regardless of race or gender.
    I know it's easier said than done.
    I understand why affirmative action came into existence because minorities truly were and still are discriminated against but in certain instances, you just can't level the planning field. You need the best person for the job. A great example would be a fireman. If a woman can carry a 180 lb man down a ladder from a burning building, absolutely, she should be given the job and perhaps there are quotas that say she has to be hired over a male since it's such a male dominated field. However, DO NOT lower the expectation to say that woman only has to carry 140 lbs man down the ladder. I mean, do you want to be the person who weighs 160 lbs and the person on the ladder can't save you???
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  8. #8
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    July 28 2011

    NEW HAVEN – The 20 firefighters who took their reverse discrimination case all the way to the U.S. Supreme Court and won were awarded $2 million in damages from a settlement reached this week.

    The city of New Haven will pay the firefighters $2 million and an additional $3 million for their attorney fees. The settlement also awards the firefighters three years of pension credit.

    “We look forward to moving forward with the city of New Haven and putting this all behind us and getting back to the work of doing what do protecting the citizens of this great city,” said Lt. Frank Ricci, lead plaintiff in the case.

    He said the firefighters agreed to settle Wednesday.

    The 20 firefighters -- 19 white and one Hispanic -- sued Mayor John DeStefano Jr. and other city officials in 2004 after the city threw out the results of two promotional exams.

    The city threw out the results from the exams because few blacks scored high and none scored well enough to be promoted at the time.

    A statement put out by the city Wednesday says settlement allows the city to “avoid the cost and uncertainty of further litigation that had been scheduled to commence in Federal District Court later this summer.” The settlement award will be paid for from the city’s budgeted public liability accounts, $4 million that was set aside in the fund balance for this case and insurance proceeds.

    City Hall released a statement from DeStefano that said: “In addition to recognizing that this resolution allows the city to move forward, I want to acknowledge the work of the New Haven firefighters who never allowed this debate to affect their performance on the fire grounds, or, with one another. Their service to the people of New Haven and to their units has been and remains, exemplary.”

    Karen Torre, the lawyer for the New Haven 20, could not immediately be reached for comment.

    Speaking by phone, Ricci said firefighters have been through a great ordeal and are glad to put the matter behind them.

    “The reason for this lawsuit was to ensure that the leaders of the fire service were based on merit. And the public when they call 911, they don’t care if somebody is white, black or Hispanic. Their only concern is that the person is competent, respectful and timely,” he said.

    The lawsuit was the result of the city’s decision in 2004 not to certify promotional exam results for captain and lieutenant positions. According to the city, only about two of the 50 minority candidates who took the test would have qualified for a promotion. No blacks were included in that list. At the time, Civil Service Board expressed concern that the black candidates would have sued the city under Title VII of the Civil Rights Act of 1964.

    The city’s decision was upheld by the U.S. District Court and the Second Circuit Court of Appeals. But in 2009, a closely divided Supreme Court ruled in 2009 ruled against the city and in favor of the white firefighters.

    The city ultimately certified the results of the original exam and promoted 14 of the 20 plaintiffs.
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  9. #9
    Atomic Punk bklynboy68's Avatar
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    Default Supreme Court Upholds Affirmative Action Ban

    The Supreme Court has upheld Michigan's affirmative action ban, ruling that the state has the right to determine whether racial preferences can be considered in college admissions.

    In a 6-2 ruling on Tuesday, the justices said that a lower federal court was wrong to set aside the change as discriminatory. The Supreme Court ruled that Michigan voters had the right to change their state constitution to bar public colleges and universities from using race as a factor in admissions.

    Justice Anthony Kennedy, writing for the majority, suggested that right extends even beyond college policies.

    "There is no authority in the federal constitution or in the [courts'] precedents for the judiciary to set aside Michigan laws that commit to the voters the determination whether racial preferences may be considered in governmental decisions, in particular with respect to school admissions," he wrote.

    Kennedy said voters chose to eliminate racial preferences because they deemed them unwise.

    "This case is not about how the debate about racial preferences should be resolved. It is about who may resolve it," Kennedy said.

    In dissent, Justice Sonia Sotomayor said the decision tramples on the rights of minorities, even though the amendment was adopted democratically. "But without checks, democratically approved legislation can oppress minority groups," said Sotomayor, who read her dissent aloud in the courtroom Tuesday. Justice Ruth Bader Ginsburg sided with Sotomayor in dissent.

    At 58 pages, Sotomayor's dissent was longer than the combined length of the four opinions in support of the outcome.

    Chief Justice John Roberts and Justices Stephen Breyer, Samuel Alito, Antonin Scalia and Clarence Thomas agreed with Kennedy.

    Justice Elena Kagan did not take part in the case, presumably because she worked on it at an earlier stage while serving in the Justice Department.

    The Associated Press contributed to this report.

    http://www.foxnews.com/politics/2014...ve-action-ban/
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  10. #10
    Master Bluesman Elwood P.'s Avatar
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    Quote Originally Posted by bklynboy68 View Post
    At 58 pages, Sotomayor's dissent was longer than the combined length of the four opinions in support of the outcome.
    Bit long-winded there girl, ya think?
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  11. #11
    Atomic Punk CaboChris's Avatar
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    Quote Originally Posted by bklynboy68 View Post
    In dissent, Justice Sonia Sotomayor said the decision tramples on the rights of minorities, even though the amendment was adopted democratically. "But without checks, democratically approved legislation can oppress minority groups," said Sotomayor, who read her dissent aloud in the courtroom Tuesday. Justice Ruth Bader Ginsburg sided with Sotomayor in dissent.

    At 58 pages, Sotomayor's dissent was longer than the combined length of the four opinions in support of the outcome.
    How does this ruling trample on the rights of minorities?

    There is no "right" to be thrust to the top of the pile so that institutions can look diversified.

    I'm not ignorant of the fact that we still a problem with racism in the US. If you're an owner of a company and you see a resume with the name Aquanetta Jenkins, what are the chances you're going to give Aqua a call, despite her having the same qualifications as Sarah Jenkins.

    Having said that, affirmative action is not the answer as it promotes the one thing that proponents of it are against. Discrimination. How can anybody be in favor of it? Is anybody in favor of it and why?

    58 pages of dissent read aloud in the courtroom? No thanks...

  12. #12
    Atomic Punk lovemachine97(Version 2)'s Avatar
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    The Michigan law bans preferential treatment in public colleges and the public sector. The way it should be. If a private college wants to run an affirmative action program, by all means. But race shouldn't be a factor when it comes to the government.

  13. #13
    Forum Frontman It's Mike's Avatar
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    Quote Originally Posted by CaboChris View Post
    How does this ruling trample on the rights of minorities?

    There is no "right" to be thrust to the top of the pile so that institutions can look diversified.

    I'm not ignorant of the fact that we still a problem with racism in the US. If you're an owner of a company and you see a resume with the name Aquanetta Jenkins, what are the chances you're going to give Aqua a call, despite her having the same qualifications as Sarah Jenkins.

    Having said that, affirmative action is not the answer as it promotes the one thing that proponents of it are against. Discrimination. How can anybody be in favor of it? Is anybody in favor of it and why?

    58 pages of dissent read aloud in the courtroom? No thanks...
    I'd be in favour of affirimative action in areas where a group of people with the same qualifications where people discriminated against for reasons out of their control. Nothing wrong with it at all in my opinion. It's intention should be to even the playing field. What happens at times is it just disrciminates in the other direction which is not good.

  14. #14
    Atomic Punk CaboChris's Avatar
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    Quote Originally Posted by It's Mike View Post
    It's intention should be to even the playing field.
    I understand that and can agree with the intention. It's the legislating of it that I really object to and I feel that the playing field has been level for a long time vis-à-vis minorities in the workplace/college.

    It's not perfect and there is still a remnant of racial bigotry in our society but I wonder how long it's supposed to be legislated as once a law is on the books they never come off. There has to be a shelf life on something like this as it's legalized discrimination.

  15. #15
    Forum Frontman It's Mike's Avatar
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    Quote Originally Posted by CaboChris View Post
    I understand that and can agree with the intention. It's the legislating of it that I really object to and I feel that the playing field has been level for a long time vis-à-vis minorities in the workplace/college.

    It's not perfect and there is still a remnant of racial bigotry in our society but I wonder how long it's supposed to be legislated as once a law is on the books they never come off. There has to be a shelf life on something like this as it's legalized discrimination.
    a remnant of racial bigotry?

 

 

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