Here is the decision:
How many of you saw this Coming?
The United States Supreme Court overturned the Sotomayor decision and in doing so, made a landmark decision to stop Racism against Whites in this country.
The New Haven 20 (http://newhaven20.com/) have had justice served at last.
Congratulations to you men and may you enjoy the promotions you have rightfully earned.
By God, there is a fair legal system in this country after all…. oh wait, Sotomayor has been nominated to be a Supreme Court Judge… and who has the grit to stand up to Obama and reject his nomination of a Racist?
And if she is rejected for nomination who is next on Obama’s list of Socialist Judge nominees?
Folks who are moderate and voted for Obama… you rolled the dice and voted for the UNBUSH candidate.
See… there are things that are much worse that Bush, who did his best to do his duty for the country and got many things right.
Now we have a Socialist who is doing his dead level best to tear this country apart… and racism is but one of his weapons.
Lets see what is breaking at this moment in even the MOONBAT NEWS…
Supreme Court rules for white firefighters in dispute over promotions
WASHINGTON June 29, 2009 (AP)
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.
White Rejected For Promotion Win
(CBS/AP) The Supreme Court reversed a decision in a controversial reverse discrimination suit.
In siding 5-4 with a group of white firefighters who said the rejection of promotions was unconstitutional, the Justices rejected claims by the city of New Haven that it could refuse to apply a test for which no minorities passed, out of fear those minorities might claim discrimination.
The controversy started when New Haven voided its entire 2003 promotional exam after the results made 18 whites – but no blacks – eligible to become officers. When the city decided to promote no one, the white firefighters called that invalid under the Constitution.
The city said it acted because it might have been vulnerable to claims that the exam had a “disparate impact” on minorities in violation of the Civil Rights Act of 1964.
When the case reached the appeals court Judge (now Supreme Court nominee) Sonia Sotomayor was on the three-judge panel that rejected the reverse discrimination complaint.
“Fear of litigation alone cannot justify the City’s reliance on race to the detriment of individuals who passed the examinations and qualified for promotions,” wrote Justice Anthony Kennedy. “Discarding the test results was impermissible under Title VII, and summary judgment is appropriate for petitioners on their disparate-treatment claim.”
Title VII prohibits both intentional acts of employment discrimination based on race, color, religion sex and national origin (or disparate treatment), and policies or practices that intentional or not have a disproportionately adverse discriminatory effect on minorities (or disparate impact).
Under Title VII, an employer can engage in an act of intentional discrimination for the purposes of avoiding or remedying a disparate impact only if there is evidence that the employer would be subject to disparate-impact liability. The Justices did not feel New Haven’s action rose to that level.
In her dissent, Justice Ruth Ginsburg wrote, “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. Yet that is the choice the Court makes today. It is a choice that breaks the promise of Griggs that groups long denied equal opportunity would not be held back by tests ‘fair in form, but discriminatory in operation.'”
CBS News legal analyst Andrew Cohen notes that, with the departure of Justice David Souter, the ruling would not have come out differently had it been decided next year. (Souter agreed with Sotomayor.)
The case is Ricci, et al. v. DeStefano, et al. (07-1428 and 08-328). The opinion can be viewed here.
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