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Breaking: SCOTUS Overrules Sotomayor on Ricci Case

Well, this is a bit awkward. The AP is reporting that the Supreme Court just overturned the Ricci case with a 5-4 ruling with Kennedy writing the decision. This was a very high profile ruling by Judge Sonia Sotomayor, who rejected the white firefighters' complaint that they were discriminated against when an entire test was thrown out because not enough black firefighters scored highly enough. Judge Sotomayor is visiting with all the members of the senate who will vote to confirm her or not. I'm sure a number of Senators who have been on the fence will have a few questions for her about this case.

You can read Kennedy's opinion here.


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Comments (37)

Why is that "awkward?" It'... (Below threshold)
Adrian Browne:

Why is that "awkward?" It's not even "a bit" awkward. Judges disagree all the time. That's what our legal system is all about.

This affirmative action and... (Below threshold)
mag:

This affirmative action and political correction is shit for the birds. This was such a case of out and out racism toward whites it isn't funny. So that's how we even things up by reverse discrimmation? That is suppose make us all love one another and bring us all together??? Be fair to EVERYONE!
This fool of judge needs to sacked.

Disqualified!... (Below threshold)
914:

Disqualified!

so now that they have ruled... (Below threshold)
1903A3:

so now that they have ruled for the firefighters,does that mean they get the promotion they deserve,or will New Haven screw them again?

Amazing that 4 Justices sup... (Below threshold)
Hank:

Amazing that 4 Justices support racism toward whites.

This was such a no brainer ... (Below threshold)
G.:

This was such a no brainer case. It's like saying a group of White,Black and Hispanic students who studied hard and scored passing grades on a test should fail because because a higher number of White, Black, or Hispanic students did not and failed the test. It's asinine beyond belief. The crazy part is the POTUS thought that Sotomayer who believes this crap should be on the SCOTUS. Whats worse is that it was a 5 to 4 decision. Liberals have gone completely off the reservation! God help us if one of the conservative judges should die or retire during Barack's administration. If you're a conservative an don't vote in the next election you should be ashamed. If we don't get rid of liberals in power we are doomed as a country.

Adrian:Why is tha... (Below threshold)
cirby:

Adrian:
Why is that "awkward?" It's not even "a bit" awkward.

If you look at the differences in the actual rulings, it's INCREDIBLY awkward.

The case was basically just ignored by Sotomayor and the other judges in a single paragraph (which basically just said "yeah, what the lower court ruled"). On the other hand, the Supreme Court released a NINETY-THREE PAGE ruling today, which covered all of the ground the lower courts just ignored. In everyday terms, the lower court judges didn't do their jobs at all.

Which is not a very good recommendation for a potential Supreme Court Justice...

A rare case when a wise lat... (Below threshold)
LiberalNitemare:

A rare case when a wise latina women failed to rule better than a rich white man.

Sotomayor's public comments... (Below threshold)
iwogisdead:

Sotomayor's public comments show that she's racist. Now we learn that she erred in upholding what the SCOTUS says was an impermissible "race-based action" by the city. That's pretty awkward--at least it would be for an old white man.

In my opinion, this is a go... (Below threshold)
Oyster:

In my opinion, this is a good thing and just about the only good news we've had in a while.

What do you think was going through the heads of New Haven officials when they discovered that they were being threatened with lawsiuts from both sides? I can make a pretty good guess. Either way someone was going to sue. They weighed their odds and determined that they were far more likely to lose a discrimination suit leveled against them by a minority person than by a white person.

And they were almost right.

OUCH! That's going to leav... (Below threshold)
GarandFan:

OUCH! That's going to leave a mark! The majority opinion also took a major dig at Ginsberg. Guess we'll be told that SCOTUS is now a "racist organization".

Why is that "awkward?"</... (Below threshold)
Clay:

Why is that "awkward?"

Sotomayor disposed of the New Haven firefighter's claims by using an unpublished summary order consisting of one lousy paragraph. In stark contrast, the Supreme Court issued 93 pages of opinions in a case that Sotomayor sloppily sought to sweep under the rug. Ninety-three pages to Sotomayor's single paragraph!

As if that isn't disturbing enough, not a single justice thought that Sotomayor acted appropriately in handing summary judgment to the City of New Haven.

Awkward? Very.

Adrian, what makes this awk... (Below threshold)
Oyster:

Adrian, what makes this awkward is that this isn't just another case where one court disagreed with another. It just so happens that this is a very high profile case where the lower court judge that was disagreed with is up for a position on the highest court which just disagreed with her.

I'd say that's a bit awkward. But hey, if you feel it's just another case where judges disagree then that's your perogative.

I think you need to give Ad... (Below threshold)
Upset Old Guy:

I think you need to give Adrian a break here. He thought he was asking a glib question to de-rail meaningful discussion. He screwed up.

He's going to need some time just now. He opened the wrong door and you've handed him his ass. After he figures out how to reattach it he'll work on a new question.

somewhere, Martin Luther Ki... (Below threshold)

somewhere, Martin Luther King is smiling today. Though he must know the racists will be back, still looking to deny people their rights based on the color of their skin, for today at least racism lost out.

Sotomayor and her ilk will have to re-double their efforts to perpetuate a color-FOCUSED society...one that looks FIRST at your color or ethnic background before deciding how to treat you.

She may wear a black-robe...but she would be right at home in a white-sheet!

Is it "awkward" for some tr... (Below threshold)
Adrian Browne:

Is it "awkward" for some traffic lights to be red and for some to be green?

No. That's what makes a system work.

What would be "awkward" is for all judges and lawyers to always be in agreement.

The libs are shell-shocked ... (Below threshold)
Stan25:

The libs are shell-shocked by this decision. They will need a few days digest the fact that being a minority is not an automatic door opener to being at the top. Just wait until they have digested this set back to their world wide agenda and then they will be aiming at Kennedy with both barrels.

Strange that no comment has been forthcoming from the White House, concerning this decision. Then again, the people that run that zoo don't have enough brain power to power a piss ant motorcycle around the inside of a cheerios circle.

Adrian the problem in your ... (Below threshold)
G.:

Adrian the problem in your stop light analogy is she put a green signal where it obviously should have been red.

Well that 'one paragraph' l... (Below threshold)
GarandFan:

Well that 'one paragraph' legal opinion of her's was just another example of "latina" insight. She took one paragraph whereas all those 'old, white men' took 99 pages. Of course they had the timidity to quote case law.

This shows one of the diffe... (Below threshold)
Grace:

This shows one of the differences between liberal thinkers and conservative thinkers.

Liberal thinkers think with their emotions.

Conservative thinkers think with their brains.

Oh crap! Adrian chewed thro... (Below threshold)
Trajan:

Oh crap! Adrian chewed through his bindings and
found a computer. We're in for it now.

Eleven of the 21 judges who... (Below threshold)
Adrian Browne:

Eleven of the 21 judges who have ruled on this case at all levels ruled like Sotomayor.

How awkward!

If you are going for a job ... (Below threshold)
WildWillie:

If you are going for a job that checks you history and they find out your history and/or experience shows you make more mistakes then successes. This is her. She thinks like a racist and that is the bottom line. ww

Adrian Browne: "Eleven o... (Below threshold)

Adrian Browne: "Eleven of the 21 judges who have ruled on this case at all levels ruled like Sotomayor. How awkward!"

More pathetic than awkward...and sad that more than half wanted to perpetuate racism in our country. Still, for now, more than half on the Supreme Court voted for justice, and against institutionalized prejudice.

Naturally the PROGRESSIVES on the Supreme Court voted to REGRESS to a time when the color of your skin outweighed your qualifications. How awkward.

Well Adrain, it went throug... (Below threshold)
engineer:

Well Adrain, it went through the 'minor leaguers' and ended up failing in the 'big leagues'. I guess she my not be ready for the 'big show' yet.

And by the way, Alito's concurrence lambasted the dissenters for purposeful omissions in their opinion.

This is a bit awkward.<... (Below threshold)
Steve Crickmore:

This is a bit awkward. O'kay but..

You might recall Hamdan v. Rumsfeld, a decision in which the high court ruled 5-4 that Bush's military commissions and removal of habeas corpus was unconstitutional. That decision overruled an appeals court decision which John Roberts joined.

Obama will withdraw the Sotomayor nomination if Roberts resigns. Deal? It's got to be, right?

Eleven of the 21 judges who... (Below threshold)
Mycroft:

Eleven of the 21 judges who have ruled on this case at all levels ruled like Sotomayor.

How awkward!

22. Posted by Adrian Browne | June 29, 2009 3:08 PM | Score: -4 (4 votes cast)

7 of the 21 judges who have ruled on this case at all levels ruled like Sotomayor. There fixed that for you.

Even the 4 of the supremes that agreed with her outcome said she got there by the wrong methods! She was smacked down by the supremes 9-0!!!! That's gonna leave a mark.

mr.browne, You can ... (Below threshold)

mr.browne,
You can stop at anytime attempting to move
the goalposts.

The fundamental problem is ... (Below threshold)
Mac Lorry:

The fundamental problem is that the law itself is contradictory, such that it takes mega brain power to figure out standards and tests that can be used to determine which contradictory part takes president. You can just imagine the mess that's in the 1200 page carbon cap and tax bill the house passed.

So what happens to the white firefighters? Do they get retroactive pay and promotion dates?

A five to four vote. Let me... (Below threshold)
OLDPUPPYMAX:

A five to four vote. Let me guess who voted how. BWAHAHAHAHAHA. Of course when this racist leftist joins the court, she will be phoning in her decisions on cases like this one, just like her radical leftist colleagues/predecessor.

This is just freeking unbel... (Below threshold)
krkrjak Author Profile Page:

This is just freeking unbelievable! The arrogance coming out of "Sham Wow" O's mouth piece. Do those bastards honestly think the entire country is so damn stupid as to believe that line of bullshit? I guess they do!
Hop over to "Breitbart" and take a look at this article.

"White House: Court ruling shows nominee not biased"

Court ruling finds Shes not... (Below threshold)
914:

Court ruling finds Shes not biased Shes racist.

Does Adrian ever respond in... (Below threshold)
Michael:

Does Adrian ever respond intelligently?

Maybe Adrian watched an epi... (Below threshold)
epador:

Maybe Adrian watched an episode of the Red Green show and got confused. Or maybe if he watched one he wouldn't be. Or something about traffic lights. Miscounting judges. I suggest he/she try some duct tape to see if that can repair his/her argument.

Adrian, while you obsess ov... (Below threshold)
Oyster:

Adrian, while you obsess over one word, "awkward", how about the actual case in question?

In the high court's opinion the test results were thrown out illegally and the very 45 year old law that was broken was cited in that opinion. The law states that the test results could have been thrown out IF the test itself was racially biased. However, it was clearly enunciated that all evidence pointed to the test results being thrown out with race being the prime motivation of the individuals involved, not the test.

What some seem to keep omitting while they look at race is that Mr. Ricci was also a minority. He was operating with a handicap of his own, but the fact that he's white kept getting in the way. One has to wonder at this point that if Mr. Ricci was dyslexic AND Hispanic, or black, or whatever, would any of us have ever even heard about it.

Sotomayor did not render an... (Below threshold)
Mark W:

Sotomayor did not render any kind of opinion in the Ricci case. The case was summarily dismissed. The Justices of the Supreme Court are in that position for the specific purpose of rendering opinions on major court cases. What does it say about the qualifications of Sotomayor when her failure to render any opinion whatsoever was slapped down by the Supreme Court by an effective vote of 9-0?

On the other hand, the current president is the only one that can nominate anyone to the Supreme Court. Is there any chance at all that Obama would nominate anyone other than a leftist/liberal neo-com? The question we need to ask ourselves is whether Sotomayor is someone that we can live with and whether any other nominee of Obama would actually be worse.

So what happens to... (Below threshold)
Stan25:
So what happens to the white firefighters? Do they get retroactive pay and promotion dates?

They will receive the promotions that they are entitled to nee earned and will also received all of their back pay at the new position that they were denied by a stupid and very racist city government. That was also in the decision that was handed down.




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