High Court Overturns Ricci: Bad News for Sotomayor?
Today, the Supreme Court decided (pdf required) that New Haven violated Title VII of the Civil Rights Act of 1964 in refusing to promote firefighters who’d passed an objectively written and fairly administered exam because no minority firefighters made the grade.
The case, Ricci v. De Stefano, is an important one in the dossier of the president’s nominee for the upcoming vacancy on the court, Sonia Sotomayor, who, while on the Second Circuit, joined the majority in the now reversed opinion.
Undoubtedly the Obama administration was hoping to have the pendency of the Ricci case before the Supreme Court to use as a barrier, blocking her from responding to any questions about her views on affirmative action. But today’s decision makes it unlikely she can continue to hide behind that excuse. It’s now settled law, and she is free to discuss how she interprets it and whether she would agree to uphold it after having taken a contrary position.
Briefly, Judge Kennedy wrote the 5-4 opinion while concurrences were filed by Judge Scalia and Chief Justice Roberts.
Kennedy’s opinion can be fairly summarized as this:
We conclude that race-based action like the City’s in this case is impermissible under Title VII unless the employer can demonstrate a strong basis in evidence that, had it not taken the action, it would have been liable under the disparate-impact statute. The respondents, we further determine, cannot meet that threshold standard. As a result, the City’s action in discarding the tests was a violation of Title VII. In light of our ruling under the statutes, we need not reach the question whether respondents’ actions may have violated the Equal Protection Clause. …
In other words, there is no evidence — let alone the required strong basis in evidence — that the tests were flawed because they were not job-related or because other, equally valid and less discriminatory tests were available to the City. 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. The City’s discarding the test results was impermissible under Title VII, and summary judgment is appropriate for petitioners on their disparate-treatment claim.
Justice Scalia asks whether we cannot just move on already from the whole issue of racial quotas and simply rely on the constitutional guarantee of equal treatment. And Chief Justice Roberts is critical of the dissent’s manipulation of the facts, noting under no theory of the case could the city prevail under any points of relevant law:
I join the Court’s opinion in full. I write separately only because the dissent, while claiming that “[t]he Court’s recitation of the facts leaves out important parts of the story,” post, at 2 (opinion of GINSBURG, J.), provides an incomplete description of the events that led to New Haven’s decision to reject the results of its exam. The dissent’s omissions are important because, when all of the evidence in the record is taken into account, it is clear that, even if the legal analysis in Parts II and III–A of the dissent we re accepted, affirmance of the decision below is untenable.
I think it fair to say that unequal treatment to achieve equal results, as opposed to fair treatment in which the outcome (racial parity of some sort) is irrelevant, is not what most Americans prefer; they want a level playing field, not the distribution of blue ribbons by racial makeup. Therefore, I have no doubt that today’s decision will strike a welcome chord for most voters.
A very recent Quinnipiac Poll bears this out:
American voters say 55 – 36 percent that affirmative action should be abolished, and disagree 71 – 19 percent with Supreme Court nominee Sonia Sotomayor’s ruling in the New Haven firefighters’ case, according to a Quinnipiac University poll released today.
More than 70 percent of voters say diversity is not a good enough reason to give minorities preferential treatment in competition for government or private sector jobs, the independent Quinnipiac (KWIN-uh-pe-ack) University survey of more than 3,000 voters finds.
It provides employers with a countervailing obligation and will make unfair treatment to achieve such parity for the sake of diversity as risky as deliberately rigging tests to achieve a desired but unfair result.
What impact will this have on the Sotomayor nomination?
Some people like Kenneth Duberstein, who was Ronald Reagan’s chief of staff, thinks the hearings will have a major impact on how the voters will measure her fitness for the post and may affect her nomination.
“The hearings are fundamental because America really tunes in on that opening day to see whether the person can handle the pressure, and to listen to her personal story and the way she responds to questions,” he said. “That is the make-or-break day.”
Arlen Specter disagreed:
In an interview, Sen. Arlen Specter, D-Pa., who presided over the confirmations of Justices John Roberts and Samuel Alito as the Republican chairman of the committee, was even blunter about the hearings. “Oh, they’re not too important,” he said sarcastically. “The only thing that’s at stake is whether she gets on the Supreme Court.”
There is no doubt that prior to the announcement of the Ricci decision, the panel would be terribly circumscribed in questioning Sotomayor about her views on affirmative action which led her to join in the now reversed opinion. They are freer now to ask more direct questions. And prior to today, her chances of confirmation were insurmountable.
Sotomayor’s views are at odds with those of most Americans, and the panel is now free to highlight that fact and remind the voters that one more vacancy in the majority of this panel under the Obama administration and we will be certain to revert, however covertly, to racial and ethnic bean counting. This may put some Democrats who might have been willing to go along with the nomination unwilling to do so, provided they are subject to a great deal of constituent pressure.
For those like Justice Ginsburg, who are enthusiastically in favor of a Hispanic or another woman judge on the court, let’s remind them of Justice Ginsburg’s own words in support of the lower court’s decision in Ricci:
[T]he white firefighters “understandably attract this court’s sympathy. But they had no vested right to promotion.
“Bad News for Sotomayor?”
Hardly. She’s a lock. Besides she’s smarter than any white guy currently on the Supreme Court. Just ask her.
So this boils down to race based empathy “Of Minorities By Minorites”, vs. The application of the law. Sotomayor, Obama represent the low water mark, the filthy bathtub ring of the American Experiment. We are witnessing a veritable post-modern revolution unfolding before our eyes. America is being dismembered ruthlessly by this radical cabal.
All this will not stop the subversives.
But it is a nice victory for the Law and for the Republic.
Thank you for the opportunity to comment.
This Supreme Court’s complete rejection of Sotomayor is another powerful piece of evidence that she is a full-fledged racist and unfit in legal qualifications to sit on the U.S. Supreme Court. But it won’t make any difference,because those are the disqualifications that the Democrat President and the Democrat Congress want. And they have they votes.
Unfortunate, Clarice, no, it won’t prevent her from being confirmed, particularly given the makeup of the Senate. I’ve seen several on the left argue in the last few hours that the ruling of the 2nd district doesn’t put Sotomayor as out of the mainstream as we know she is.
That said, however, it does put in sharp relief the divide of reasoning, when all nine justices complain about the handling of the case, saying the second district’s ruling should not ahve been a summary judgement for the city, as if it was some kind of no-brianer, particularly when the ruling goes in the opposite direction, from that of the 2nd district. the discrepancy won’t prevent her from being confirmed, but it does show rather nicely, what we’re up against with leftist, activist judicary… of which there’s no doubt on my mind, Sotomayor is.
I’m crying a croc-tear for Soto-Hoser but, she’ll get the nom regardless of ‘logic and reason’.
I hope to hell I never get an ‘affirmative-action’ fireman trying to save my lower extremeties from a fire.
Just sayin’
I have consistently argued that the odds are against Sonia Sotomayor’s nomination. The majority of American people are against her on this most important issue. Unfortunately, we have wimpy Republican U.S. senators who are terrified of being accused of racism and anti-Hispanic sentiments. They currently feel that it’s best to merely throw her a few soft balls over the middle of the plate. This is so foolish because they truly have the Democrats at a distinct disadvantage.
Sotomayer is NOT a person I would want to be in The Supreme Court–
obama doesn’t even know what The Supreme Court is.
Looks like all that Latina wisdom failed to hold. How can that be?
I don’t know if this Supreme Court decision is bad news for Sotomayor.
It’s good news for logic, fairness and America, although a bit frightening that the decision was so close. (this 4, that 4, and Anthony Kennedy going one way or the other pretty much describes what will happen on “the court”)
Sotomayor bemoaned her own (lower) college admission test scores, attributed them to “cultural bias” built into the…SAT’S ? Sure, she’d be inclined to rubber stamp that stupid decision in Ricci, and vote to bar the (firefighter specific) promotion test that would guarantee that the most knowledgeable and qualified would advance in the world of New Haven firefighting. (the “rationale” about federal discrimination standards seems contrived)
Well, thanks to the court’s ruling on its last day of this session, at least I don’t have to swim to Cuba. Yet. Which is where I was going to have to go if Ricci had not been overturned.
“Bad News for Sotomayor?”
No, confirmation is a political process. One doesn’t need to be a judge to seat on the Court.
From each according to his means, to each according to their race/class/gender… ain’t constitutional.
2. Morton Doodslag writes:
“..Sotomayor, Obama represent the low water mark, the filthy bathtub ring of the American Experiment..”
That is a marvelous description; thank you for the wonderful image!
9. Hotpatch 6:
“Looks like all that Latina wisdom failed to hold. How can that be?”
La Raza hasn’t completely taken over yet.
Using Justice Ginsburg’s words against her as reasoning to reject Sotomayor is a low blow!
We ALL know what she meant to say was:
[T]he white firefighters “understandably attract this court’s sympathy. But they had no vested right to promotion, because they aren’t black, hispanic, female, or likely to be dependent on liberal government policies to get ahead.”
Justice Ginsburg’s own words in support of the lower court’s decision in Ricci:
“The white firefighters “understandably attract this court’s sympathy. But they had no vested right to promotion.”
But, but…they had a vested right to achievement & promotion through hard work, Justice Ruth.
(on second thought, maybe I’ll have to beat feet to Cuba after all)
Pleasant news, this Sotomayor story – yet is this just an accident or this nation’s institutions will continue to drift into PC-ness’ and open-mindedness’ swamps?
A random illustration of this awful drift – the majestic doltishness of the Notre Dame hierarchy who had as an academic, motivational speaker for their students someone often referred to as Barry Soetoro:
1) whose Occidental College (Calif.) records are under lock, and this situation fiercely defended in the court by a battery of high payed lawyers -
2) whose student loans/ California grants are equally kept away from public scrutiny -
3) whose transfer from Occidental to Columbia U is also a mystery, no paper trail, no names, no grades made public -
4) whose ensuing (hypothetical?) four years academic career at Columbia is a complete mystery, no witnesses, no grades, no paper trail, and whose graduation thesis there might have the title: a) US-Soviet Union Nuclear Disarmament Issues; b) Post-Colonial, North-South Issues; c) both titles; d) neither title; e) no thesis;
5) no paper trail describing his apparition at Harvard and his career at Harvard;
6) who ain’t written a single article in Harvard Law during a two yeares tenure;
7) who can no provide an normal explanation for being hired by Chicago Law School;
8) who is unwilling to produce a list of activities as lawyer (clients, cases, issues);
9) whose list of character references would clearly prevent Misanthropicus get a job at LAX as baggage handler;
10) etc., etc. fill in the blanks: _________________
________________________
What makes this character worth parading him on a stage like at Notre Dame, and have a throng of graduating students listen to and tune their moral compasses to his sense of orientation?
Methinks that the hierachy of Notre Dame (and of so many other institutions in the country) have lost their moral compasses when inviting Soetoro there – so, with this background, Sotomayor’s debacle is clearly enjoyable, yet I see it just an happy accident in the larger, irreversible societal decay this nation is sinking.
sitka
So, when Sotomayor is finally confirmed (and she will be confirmed), we’ll have La Raza representing us in the Supreme Court and The Muslim Brotherhood representing us in the White House, while Larry, Moe and Curly represent us in Congress.
The Republican senators can use the ruling as a light to look at her other overturned rulings. She will be in complete defense mode with these questions. She should not be confirmed.
7. David Thomson wrote:
I have consistently argued that the odds are against Sonia Sotomayor’s nomination. The majority of American people are against her on this most important issue.
Peter writes: Unfortunately, it is not the American public who votes yea or ney on the Supreme Court nominee, and if past performance is any indicator, the Senators who do vote don’t really care what their constituents think, want, or believe. It’s all about the Party now.
18. Moogie:
“So, when Sotomayor is finally confirmed (and she will be confirmed), we’ll have La Raza representing us in the Supreme Court and The Muslim Brotherhood representing us in the White House, while Larry, Moe and Curly represent us in Congress.”
BAHAHAHAHAHA!
Moogster strikes again! *cleans monitor*
Viictims of the radical cabal do not just fade away. I doubt it will make any difference to how Chris Dodd votes since he is on his way out already, “the need not apply” white fire fighters here in Connecticut probably have more than 20,000 voters who know them in some capacity, church school…etc. Now that the fire fighters have 5-4 Supreme Court ruling that they were decriminated agains and a 9-0 decision that they were denied their day in court I do not think that voting to confirm is a option for a senator who wants to stay in the Senate.
I notice it was a 5-4 decision. No one quotes from the dissent. Justice Souter sided with the dissent. Seems like she is teh mainstream after all.
Has David Thompson been right on any of his predictions?
She ruled the same way that the person she’s replacing ruled. Trying to get her on this is more of a trap for conservatives than it is for Sotomayor. If the decisions was 7-2 to 9-0 then maybe you can make a big deal. But outside of that, it’s a point that’s easy to bat down. It’s too easy to expose as explicitly a partisan objection.
Take the fall. Save your ammo for when Kennedy or one of the conservatives goes down. Replacing Souter with Sotomayor isn’t a big deal
Justice Ginsburg’s opinion that the firefighters that actually passed the test “had no vested right to promotion” defies all logic. If one follows this twisted logic, then it follows that all tests everywhere should be banned from being used to determine whether someone has mastered the material they’re being tested on, and everyone should instead be judged fit for promotions, etc., based on random and arbitrary criteria. Sounds like a great way to run a country to me….Bizarro world, maybe.
Bad news for Sotomayor? Right. She’s a lock and you all know it.
Elections have consequences!
Thanks Delia. Just trying to do my part to elicit a smile now and then from those of us who feel completely and utterly and doomed. Oh, and just so you know, Shadow, if we’re doomed, well bucko, you’re in the same ship, so I’d say you’re doomed as well. The Titanic sank with both liberals and conservatives on board.
Moogie — you caused a very sad laugh. Your clarity of thought is both humorous and wickedly accurate.
scooter, Justice Ginsburg changed her opinion upon hearing that those whites who had passed the test in another life were homosexual dolphins denied abortions by evil Emperor penguins.
“If one follows this twisted logic, then it follows that all tests everywhere should be banned”
Tests essentially were banned by the 1971 U.S. Supreme Court decision, Griggs vs. Duke Power! The judges unintentionally imposed credentialism in the workplace. They ostensibly wanted companies to test according to the actual job requirements. Alas, we live in a real world. The company lawyers quickly realized that this nebulous demand would lead to countless and costly lawsuits. Best to just rely on credentials and be done with the matter.
…refusing to promote firefighters who’d passed an objectively written and fairly administered exam because no minority firefighters made the grade.
Seems like there was one Hispanic among the passers of the test. Or aren’t they ‘minorities’ any more?
Justice Ginsburg said, “[T]he white firefighters “understandably attract this court’s sympathy. But they had no vested right to promotion”.
Ginsburg was looking for a resounding statement to conclude her decision against the firefighters, but she picked an irrelevant one instead.
The firefighters followed the rules set up by the City at the time the test was given. They passed the test. That means that their right to promotion vested at the time the scores were announced.
Ginsburg would have to find a ringing slogan defending the City’s change of rules AFTER the test was completed – and she hasn’t done it. Her ‘sympathy’ is crocodile tears, and she misuses slogans in the process.
I agree with the voices that counsel to not get your hopes up, the dame’s a lock.
Even the Court knows it, and this was just their way of putting a shot across her bows in warning that she’s going from being a middlin’ fish in a middlin’ pond, to a wahle in an ocean, so no-one is perticularly impressed with her or her CV.
The reason she’s a lock, in case anyone has missed it, is the absence of any sort of PR campaign, outside of the blogosphere, against her.
Cap and Trade and Obamacare opponents have slresdy been out there, flacking for their point of view, but no-one has seen fit to introduce the American people to the more unsettling aspects of Ms. Sotomayor’s public career.
On this issue, the GOP and the Conservative movement are still acting like Obama’s stooges.
26. Blarty Blarckleblart:
“Bad news for Sotomayor? Right. She’s a lock and you all know it.”
Duh.
27. Moogie:
“Just trying to do my part to elicit a smile now and then from those of us who feel completely and utterly and doomed.”
Same here. I feel like humor is the only thing that saves my sanity at times. The lefties are so brain-washed, they are worse than the ‘zombie banks’ who can’t make a loan because the Feds have said, “No more moula for you!”, only with the lefties it’s, “NO more individual thought-thinking for YOU!”
Sad, because, as you mentioned, they will be sinking on the same ship and it will be pathetic and funny all at once when they cry and gnash their teeth over that $15.00 loaf of bread when they thought their hybrid baby-mobile promised them unicorn dreams and puff-the-magic dragon legal pot.
Don’t worry for the lady, she’ll be okay regardless: If she cannot get promoted to the supreme court, she can still hope to get a faculty position at Notre Dame. They won’t mind too much if she cannot prove that Jesus was a latino.
“Peter writes: Unfortunately, it is not the American public who votes yea or ney on the Supreme Court nominee, and if past performance is any indicator, the Senators who do vote don’t really care what their constituents think, want, or believe. It’s all about the Party now.”
The Republican senators care about what their constituents want. But they are also terrified of being falsely accused of racism. That’s really what’s going on. The legacy media plays on these fears. These elected officials often act like a person afraid of once again getting touched with an electric cattle prod. Their past experiences have often been very nasty. Race guilt, it must be added, threatens the very survival of Western Civilization. We may already be doomed. Barack Obama would not be president today if were not for race guilt.
Insufficiently..you are right–some Hispanics passed the test for Lt. but under the rule of three which requires that the top three scorers for each test get hired, only whites made that cut. HOWEVER, some would have been eligible for promotion to Captain and they joined in the suit.
Moogie – I think you have already abandoned ship
Barack Obama would not be president today if were not for race guilt.
Absolutely correct. Race guilt was the only force powerful enough to overcome the fiercely passionate support enjoyed by the McCain juggernaut.
“Sotomayor’s views are at odds with those of most Americans”
But most Americans aren’t judges. Nearly fifty percent of judges presiding over this case agreed with the original decision carried out by Sotomayor’s panel. The fact that many or even “most” Americans don’t like the issue in question has as much bearing as whether Americans approve of abortion or, indeed, of the Voting Rights Act.
“Most” Americans realize this. They understand that for their freedoms to endure, they must trust the wisdom of apellate judges and the Supreme Court. Your argument means that all Americans should instantly panic, because nearly half of the Supreme Court has the same opinion as Sotomayor. Stupid to say the least.
17. misanthropicus:
Right on!
Affirmative action is a stench on American citizenry. But this cancer is in the bone and marrow of American politics.
Obama opposes American exceptionalism. Fact is, the exceptional society envisioned by the Founding Fathers is an uncomfortable place for the unexceptional and mediocre. Honest merit is a challenge for the politically, economically and intellectually lame and halt.
The elitist fools who imagine themselves and their children immune from Obama’s socialist policies are willing to degrade American standards to accommodate the clueless and feckless in American society. GW Bush properly identified this attitude as the prejudice of low expectations.
150 years after emancipation, black folk can’t seem to get it together. Most are dependent on the American taxpayer in one form or another. Capitalism and individual freedom doesn’t seem to be a system under which they can thrive or even survive. Why not lower standards and handicap the able so the unable can achieve some semblance of equality?
You might think that a black or an Hispanic would recognize the implicit insult. Not that African Americans and Hispanics are one and the same category. Ask any shirtsleeves small business employer and he’ll tell you the practical differences in dollar and cents.
Sotomayor is a lefty pol who doesn’t properly represent Hispanics. An Hispanic whose skin may well be darker than an African American’s is by far and away a better choice of employee. Hispanics mainstream into American society after a generation or two. Hispanics seems able to run a small business and prosper. African Americans can’t.
How come? It aint skin color so what is it? The catholic Church? Gothic blood? Blacks call each other “brutha” but don’t practice brotherhood. Hispanics skip the empty verbiage and look out for each other. Their family unit might shock upright and uptight white folk but it’s a caring family. They don’t abandon their women and children for white taxpayers to look after. They are patriotic and contributing Americans who recognize socialism for the plague it is.
Santomayor will certainly be confirmed but Hispanics is not what she represents. She’s a lefty and the left is a religion sans ethnics. Likewise Ginsburg who is an disgrace to the Jewish community.
“Same here. I feel like humor is the only thing that saves my sanity at times.”
For many obvious reasons, you seem to have lost the battle to save your sanity.
41. Hot Lunch,
“For many obvious reasons, you seem to have lost the battle to save your sanity.”
Lunch Lady, you have such a way with words! In fact, I think I’m feelin’ some ‘Rican’ comeback in me evennnnnnnnn, “Jo, Hot launch ladyyy, donchu be messin’ with my home girl, Delia. See, we tight and you ain’t ai’t. You’s got issues that requires tissues. UH HUH. Word up, b*tchezzzzzz!”
*Microwaves Hot Lunch on High for 2 minutes*
Zing!
#37 Shadow: Nice comeback. How long did it take you to think of that resoundingly astute retort? It was so well thought out, so profoundly worded, that I had to read it several times to grasp the full impact of its intent. Kudos to you for being such a bright light in our dark times.
Now, where did I leave that floatation device?
Delia: Ditto.
43. Moogie,
Moogster, no matter how hard I try though, the Leftards are always so idiotic that I laugh so hard that my sad lil’ jokes pale in comparison.
Ha, Ha, Ha; Wait ’til the media run this through their macerator; Nobody will recognize it!
She will get in, but I hope it’s long, drawn out and dirty, just like all of the sessions when GWB tried to get his staffing and appointees installed. As for the court ruling, it’s pretty much a shot across the bow saying “hey, here there are no minorities because justice really is blind.” I wonder if Sotomayor can work under such an onus.
begs the question …how did Ginsburg get on the supreme court ?
who´s the racist
Is it the case, Clarice, that the nine justices concurred the Second Circuit erred in issuing a summary judgement? Because if so, I think it’s an important point and worthy of discussion during Sotomayor’s confirmation hearing.
I also have heard that Sotomayor blames her low SAT and LSAT scores on the tests’ cultural biases. That’s a complaint I hear quite often (and, I believe, one of the complaints against the New Haven fire fighter’s test). I wish those making it would show us specific questions and explain how each is culturally biased. I’ll admit it’s been a long time for me, but I just don’t recall much cultural referencing in these aptitude tests.
This decision should make the confirmation hearings more lively and Republicans should be able to score a few points with the public, but I agree with those who consider Sotomayor a slam-dunk. Mores the pity. Well, at least she’s only replacing Ginsburg.
Don’t make no never mind, even if El Rushbo called it a “nine to zip” decision. What the hell is wrong with that guy? I’d ask Moogie, but I don’t want him to spend the next hour reading this post.
49. sheesh,
Oh no you din’t!
Did you really HAVE to make your post a “CASE IN POINT” one?
Hope ya had a nice weekend, Sheeshers. I had to go to a funeral and it scared the crap outta me. ONly 22 years old and DEAD. I’m still bawling my guts out. Life and Death sucks. Is there ANY hope for us lowly peons in the scope of things?
If black people can’t handle intelligence tests, that’s their problem, not mine.
The USSC decision is amazing for its common sense, and scary that it was 5-4. Four people think its just fine to toss a pre-vetted test because it didn’t come out the way it was supposed to.
Ginsburg says the white and one hispanic firefighters had no vested right to promotion—no but they had a right to be treated fairly. Can anyone imagine Ginsburg saying that a woman suing for sexual arassment and discrimiantion “had no vested right to a promotion”.?
The uncomfortable thing about Sotomayor is not that she believes in holding back one race and one sex by hiring preferences which are bad enough–she’ll go one better and discard the objective tests if they don’t get the people the employer already wants to hire.
Thank you for the concise relation of this opinion.
Much clearer than the dissent.
Later.
It is great to see the wingnuts in a dither over a Hispanic Supreme Court Judge. It show the depth of their wingnuttery. Of course she will be confirmed – then the wingnuts will have to go back to the birthing fantasy
I agree Sotomayor is a lock but, if the Repubs don’t bloody her up then the argument that she is inside the mainstream sticks and It will be that much harder to fight if a reliably conservative or Moderate Justice is up. The Republicans always want to appear reasonable and not fight “hopeless” battles but what they never understand is that sometimes those hopeless battles are necessary to advance the larger war and when they concede that ground to easily to the left it makes it harder to fight a more extreme candidate. The left knows this well which is why Thomas, Roberts, and Allito were battles royal.
Shadow. perhaps you can answer me a little riddle. Why do you lefties put so much faith in bureaucracies? In case you haven’t noticed they don’t make particularly courageous decisions, they don’t make particularly enlightened decisions, and they don’t make particularly compassionate decisions. In fact the only decisions they typically make is inane CYA type stuff. You guys all want them to run everyone’s lives, including your own. Why? It makes no sense to me.
Sukie
“I’ll admit it’s been a long time for me, but I just don’t recall much cultural referencing in these aptitude tests.”
Whoever said this should never have been admitted into college. I think it was Marshal Macluhan who said, “We don’t know who it was that discovered water, but it sure as hell wasn’t the fish!” Translation for the obviously mentally impaired: how the hell would you know if there was any cultural referencing? Its your culture, you idiot.”
God, lucky there’s still some really stupid people left in this day and age, otherwise this site would have gone under months ago, and there’d be no one to so easily make fun of.
misanthropicus (17)
” … yet I see it just an happy accident in the larger, irreversible societal decay this nation is sinking.”
You never know about this sort of thing until you see it in hindsight. I personally have a feeling that it was going to take this level of absurdity on the part of the “progressive” crowd to finally wake the majority of this country up.
As a part of the boomer generation, I can vouch for how often anyone who did take responsibility for themselves and their families was made the butt of jokes, and worse, told they were stupid for doing their duty or the right thing rather than the easy thing. Those inclined towards going along to get along themselves let their children be reared by liberal media and “progressive” educators rather than putting their role as parents first. Who could expect those so inclined to defer their own “search for meaning”, desire for a new spouse, or pursuit of perpetual youth on the back burner to their responsibilities? The fact that about 30% of boomers resisted the rot so well is more surprising than the fact that the other 70% took the path of least resistance. My guess is that an honest study of “The Greatest Generation” could make a clear connection between that generation’s irresponsible boomer children and the ignorant illusions of their grandchildren who are so willing to follow the Pied Piper off the edge of a cliff.
The current generation of young folks, steeped in the myth that they’re each special, unique, snowflakes, destined to teach the rest of the planet how to live, will be interesting to watch as they melt in the heat of reality. Whether the nation has to suffer violence along with extreme hardship is about the only question left in my mind. Unfortunately, I’m afraid that the tens of millions who scoffed at the few million who did serve are going to finally be required to pay their dues, something that won’t only be violent, but violent beyond what snowflakes or their parents can imagine.
Regards
I find it crazy scary that 4 justices found discrimination on the basis of skin color perfectly acceptable! I cannot believe this came to a 5-4 vote. If 10 black men had passed the test and 10 white men had failed, the promotions would have proceeded without problem. THE FACT is these men were denied promotion based upon nothing more than the color of their skin. That is by definition discrimination.
So we have justices on our highest court that feel this is acceptable. Absolutely incredible!!
Gee, I wonder how whites out there still feel guilty about all the alleged wrongs they’ve rained on those poor blacks?
What I feel is a ground swell of anger building up for being shit on because they are white and did nothing wrong. I think everyone out there has been crapped on at some time because they are white. Yet, we are not expected to say anything, its not PC. Bravo Supreme Court, may G-d bless you!
This affirmative action crap is the single reason I elected NOT to serve in the armed forces. It happens everyday in the military.
fyi, ET
#49 Sheesh: “I’d ask Moogie, but I don’t want him to spend the next hour reading this post.”
“Him?”
Say, that was a great response you had about Rush screwing up the numbers! Hey! Isn’t that kinda like Obama saying he had visited 56 states while campaigning? Isn’t it kinda like Obama asking about how to translate something into Austrian? Hey! Isn’t that almost like Obama crediting the Arabs with inventing the pen? I won’t even bother going into Biden’s bippies.
#50 Delia: “Is there ANY hope for us lowly peons in the scope of things?”
Yes, there is hope – the real kind, though … not the rainbows and unicorns kind.
You know, I think the neo-Marxist movement has really gone about as far as it’s going to go. If they had played this card 20 or 30 years ago, they might have succeeded, as we didn’t have the internet yet. Those of us who would have been horrified to see what’s happening would not have had the connections to each other that we have now – right here in PJ and literally thousands of other websites: blogs, social networks, and online publications.
But look at what’s happening, despite the determination of the enemies of our country to overturn our Constitution and everything upon which America was built: they are being scrutinized like never before. We are able to communicate instantly, spreading the news, researching information, and sharing our views. This is all very empowering!
Chin up, dear – we will take them down.
54. The Shadow:
Fantasy? 0bama had dual citizenship which disqualified him for POTUS.
I know it’s hard to wrap your teensy, weensy, tiny, infantile brain around that fact, but it’s true and ‘Kenya’ has nothing to do with it.
A ‘birth cert’ would only prove that 0bama was a bastard child. Big whoop.
0bama is NOT an AMERICAN vetted by the standards that ALL presidents should be vetted by.
Obama is an ILLEGAL usurper under our constitution:
http://naturalborncitizen.wordpress.com/
Grow a brain already. *sigh*
Yeah Bro.
It show the depth of your education.
They make up laws that no one cares about.
Who goes 45 in a 45 mile an hour zone anyway?
I carry a gun-
Send someone to try and take it away.
How could that be bad news for Sotomayor. Liberals don’t care about stare decisis when it goes against their light years left ideology.
They have the light years left media to persuade the light headed voters that Sotomayor wouldn’t have been against it if it’d been interently racist and wrong.
And they have the light headed voters who don’t mind when a top administrative member slanders all white american calling them cowards.
Plus, the administration didn’t read American history’s biggest spending boondoggle or to be put more aptly, the squandering of our children’s children’s future. 18th century Americans would have ridden congress out on a rail for such cowardly talk and gargantuan wasteful spending.
Unless American voters soon wake up, the freedom loving side of the world will cease to be, with Obama waking up one morning with a look on his face like the cat that swallowed the canary.
The better talking point would be that this raises her overturn/uphold ratio to 7. That’s 7 decisions overturned, 1 upheld. Great batting average.
Why is this administration reminiscent of the Ponzi scheme of P. Diddy(Obama) and JLo (Sotomayer) who suffered their “loss” of dear scumbag friend Biggie Smalls(Michael Jackson)?…Almost Carbon copy..or should I say “footprint” Mr. Clinton and Gore?…Both Constitutionally next in line for Madoff’s recent courtroom award…
fear Obama – With your gun. you are undoubtedly more of a danger to yourself, your family and your neighbors than anyone else. Since you mention it so often, you must need it though to feel like a man
Then there is this from our constitutional scholar “This Supreme Court’s complete rejection of Sotomayor is another powerful piece of evidence that she is a full-fledged racist”
The Democrats are delighted – This is a twofor – We get her on the court and her nutty opponents are tarred as being racist against a Hispanic nominee. Hispanic being the fastest growing segment of the voting population. This all too rich!
Delia – Wow you are so smart. I bet you believe there are aliens about too and are firmly convinced of that too. Have you given up on the tooth fairy and Easter bunny yet? I guess those five members of the Supreme Court agree with you. Oops they don’t. I wonder why – could it be even they recognize true wingnuttery when they see it
Rachel P – Looks like the majority of the court does not really believe in stare decisis as they reverse course on this one. Sotomayor was the one following precedent on this one. The majority of the court only believes in following precedent when it suits their political beliefs.
“I notice it was a 5-4 decision”
It was however a 9-0 repudiation of Sotomayor’s attempt to sweep the case under the rug via summary judgement, and her specious claim that the case presented “no valid Constitutional question.”
Shadow:
Got next to you didn’t I?
We gun toting religious fanatics.
2 years in Vietnam taught me to always have my weapon close.
A democrat president quit during that war also.
fear Obama / Shadow:
The moronic marijuana-mumbling mobbed-up Mussolini-modeled modified-Marxist murtadd-Muslim empty-galabia glove-puppet, Buraq Hussayn bin Buraq Hussayn bin Hussayn Ugabuga Obambi, is a clinical Narcissist and, to give his replacement and the “Democratic” party time to clean up after him and to campaign for the 2012 “election,” will resign his (pretension to the) presidency in the first week of September 2011.
PALIN/PRETREAUS/2012!
Brian Richard Allen
Los Angeles – Califobambicated 90028
And the Far Abroad
#71 The Shadow:
“The Democrats are delighted – This is a twofor – We get her on the court and her nutty opponents are tarred as being racist against a Hispanic nominee. Hispanic being the fastest growing segment of the voting population. This all too rich!”
Keep telling yourself that…maybe one day even you might believe it.
White folks know good and damned well what Sotomayor was trying to do…protect the Leftist “payback program” against White people.
Hang in there Shadow, old chum, the worm always turns, and it’s going to turn sooner than anyone thinks…
You think that the Alleged Hawaiian would get so many votes from us Ofay if the election was held today, buddy?
Mark my words, the “Age of Obama” has about 18 months life left in it.
Brian, good for you. The main reason most of the douches on this site didn’t elect to serve on the armed forces is because they’re pant-crapping cowards. Good for you for choosing another reason.
It is amazing the number of wingnust hear must read tarot card – The depth of their analysis consists of reading other wingnuts and thinking that the tiny number of wingnuts represents the majority thinking. They conveniently ignore any evidence they might be a tiny minority. It is a fascinating study of how people’s biases shape what they accept as facts – It is strikingly similar to the way the nutty islamic fnatics think – Like Obama and the West caused the riots against the election in Iran
Let see who fits into that category – Bilgeman – Delia – fear – rbs – Dopeyman – Chuckie – RP are you one of them too
Kiddie poos, it ain’t about Sotomayor; it’s about our marginally intellibent, antiwhite, diversity pimp in chief.
I am continually amazed that a mediocrity like Obama could have been elected president. He a punk!
one BIG issue missed in the Ricci case is if a african-american had passed he would have been the one with the job (regardless of his standing in the tests which the other plaintiffs did pass). so those poor white ba$%&tards still didn´t stand a chance !
¡ upside down for Sotomayor !
Y’all know that the Second Circuit was following established precedent (i.e., practicing judicial restraint), and the Supreme Court was overturning precedent (i.e., practicing judicial activism) when it reversed the Second Circuit, right?
Tell me you at least know that much. Otherwise I might think y’all never know what you’re talking about.
blah blah blah WINGNUTS blah blah blah WINGNUTS blah blah blah WINGUTS blah blah blah WINGNUTS.
Racists!
Thank you.
Great idea for a reality-TV show:
“Displacing talented honkies: Michelle and Barry on line at Harvard and Princeton”
Opening of show: Barry following a pumped-up Michelle as she throws Jews and Chinese to the side making her way to Harvard Law.
Yep, this is reality TV as it should be. Am I the only one who noticed that Barry took easy courses at Columbia, graduated with no honors, and yet had the balls to ONLY apply to Harvard, Yale, and Stanford? How funny is that?
Shadow: Do you ever present a affirmative argument replete with facts and citations? All I see from you is clever lefty cliches and cute word twisting. You never refute the arguments but only chip away at the outside and then use broad brush ad hominen attacks. For instance:
“It is a fascinating study of how people’s biases shape what they accept as facts – It is strikingly similar to the way the nutty islamic fnatics think – Like Obama and the West caused the riots against the election in Iran.”
I’ve seen better argument from a fifth-grader which is basically what you tried here with this attachment of conservative wingnuts to islamic wingnuts…
I guess because of your status as an enlightened lefty, you do not have any biases thus your arguments are based solely on facts-facts you neglect to produce to support your arguments… Is this your proposition?
Blotto – I do have biases – I am a Christian who believes that Jesus calls us to have a preferential option for the poor. I admit to that. I believe we all have an obligation to seek social justice and not just look out for ourselves. That shapes what I advocate for. I am willing to consider what others advocate, but I reject what conflicts with my beliefs. There are plenty of people of good will whose policies I do not agree with, but there are also people who are completely delusional like those who believe that Obama was not born in the US. They destroy their credibility by saying things like that. When it comes to policies there is plenty of room for disagreement, but to have a discussion, you have to stick to the facts and not just make things up because they support your position
Thus sprach Shadow:
“Rachel P – Looks like the majority of the court does not really believe in stare decisis as they reverse course on this one. Sotomayor was the one following precedent on this one. The majority of the court only believes in following precedent when it suits their political beliefs.”
Shadow, my dear confused boy, ALL 9 justices were shocked and embarrassed that the AA mediocrity summarily dismissed Ricci’s complaint.
Shadow, my confused boy, do you like mediocrities in power because they happen to belong to races/ethnic groups of low cognitive achievement? If Sotomayor were a Jewish male, she’d be showing you a camera on 10th Av.
Good work. Now get back to the deli and cut me a slice of bologna.
Shadow: she was not following precedent: No case entitles an employer to toss earned promotions after the fact because they didn’t get what they wanted or were “afraid” someone might sue them.
The test wasn’t racially discriminatory. The was zero chance anyone could claim it was: the source material for all questions was made available well in advance; minority input on the test was extensive; That test had been prepared by an outside firm, that spent months following the firefighters, and had 66% minority reviewers assess it before it was used.
The test was tossed to get the racial makeup the city wanted. FYI, thats called racism. And the summmary process by which Sotomayor brushed the decision aside was feckless and inadequate as the big court found.
She probably is a lock: but she shouldn’t be. Anyone that eager to bless not just a racial preference but to throw out the scores after the fact is happily endorsing racism, beliving its “good racism.” There is no “good racism” anymore than there are “good lynchings before trial.”
Roberts was quite right: “The best way to end discrimination based on race is to stop discriminating based on race.”
Surely the Democratic party has to decide that now, 54 years after Brown, after the election of a black President and after almost 40 years of affirmative action, that its time to call it a day on “good racism.”
#79 Shadow:
“It is amazing the number of wingnust hear must read tarot card – The depth of their analysis consists of reading other wingnuts and thinking that the tiny number of wingnuts represents the majority thinking.”
Really?
What percentage of American citizens use tobacco, (not just smokers)? About 25%, roughly…Obama hiked taxes on their products.
How many Americans own firearms? About 65 million…you think many of them ever trusted him much to begin with?
How many Americans make over $100k a year? What did Obama do for their tax burden?
How many Americans pay utility bills? Care to venture a guess what President “Save the Earth”‘s Cap and Trade is going to do their utility bills?
How many Americans are out of work now…about 10%. How many of those Americans are in industries that did NOT receive bailouts?
How many Americans are non-unionized? (About 88% of wage-earners last I checked). Do they want Obama’s buddies the Labor Bosses sniffing around armed with “Card Check” legislation?
Jews in Florida are perfectly happy to see Obama putting the screws to Israel, just as much as the Cubans in Florida have no qualms whatsoever about him making “kissy-face” at the Castro brothers and Chavez. Can Obama win the White House again without Florida?
Obama’s Immigration policies and his abortion policies play so well in Texas that their governor is making secession noises, and no-one has run him out of town for it. Can Obama win the White House without Florida AND Texas?
California is bankrupt, and just as soon as the last californian with two untaxed shekels to rub together displaces himself to elsewhere, Sacramento is going to have to attack spending with a chainsaw. Not only does the publically-funded political patronage machine sputter, but in the ensuing depression, the electorate will blame the political incumbents for their straits.
Can Obama win the White House without California, Texas and Florida?
Watch those 2010 election results…and see what they mean for 2012. Everyone in DC knows this…that’s why they’re in such a hurry that they pass bills that they don’t even read.
It was scandalous when Congress did it with PATRIOT Act after 9/11…today it has become SOP.
Yeah, chum…I just listen to the other wingnuts, I don;t bother looking at numbers or anything.
83, you almost got it right. it’s:
/Because, after all, wingnuts prefer war to peace…
“Roberts was quite right: “The best way to end discrimination based on race is to stop discriminating based on race.”
Surely the Democratic party has to decide that now, 54 years after Brown, after the election of a black President and after almost 40 years of affirmative action, that its time to call it a day on “good racism.”–Blackwell
I wish it were so, but it ain’t. Lower-functioning races/ethnicities do not see themselves as lower functioning, and will therefore want proportional representation. We will continue to allow the cognitive lightweights into our most prestigious institutions because as a society we do not have the cojones to say, eg, “Michelle Robinson. You have a 100 IQ. Why do you expect Princeton to accept you?”
But here’s the rub: Michelle thinks she’s a cognitive superstar, and the only reason Mr Honkie disagrees with her assessment of herself is because Mr Honkie hates blacks. That sums up Sotomayor’s take on Ricci.
Quite frankly, I’m fed up with these losers.
Bilge – Can’t escape the tarot card can you?
Oh by the way Minnesota Supreme Court just ruled unanimously for Franken. 60 votes!
I’m tired of the excuses. The Civil War ended 144 years ago. If intelligence is not your strong suit, try something else: How about basketball?
Barring a major scandal, there is nothing that will stop her. Lots of people support some sort of affirmative action and that doesn’t make them racists or unamerican. Sorry, but when right wingers whine about racism, it sounds really tinny and hypocritical.
2. Morton Doodslag writes:
“..Sotomayor, Obama represent the low water mark, the filthy bathtub ring of the American Experiment..”
And you are the scum in that ring.
#92 The Shadow:
“Bilge – Can’t escape the tarot card can you?”
Just the facts, man. That Rasmussen Poll over on PJM’s sidebar earlier isn’t showing good news for the fellow who claims to have been born in Hawaii…apparently there ain’t as many O-bots as there was a few months ago.
Now I take every poll published with a big fat grain of salt, but when they all start trending towards more rather than less unpopularity…well, then as they used to say, 100 million Elvis fans can’t ALL be wrong!
Point is…everything this guy has been doing is almost tailor made both to aliebate the swing,(read: Honkie) voters that put him in, while he’s definitely left his hard Left mouth-breathing, glazed-eye whacko constituencies standing under his bedroom window with their cocks in their hands and howling at the moon over his terrorism/war/Guantanamo policies.
A few more months of this, and old Barry Soetero is gonna find hisself plumb fresh outta friends.
In the meantime, what’s the harm in handicapping the next race? You got something better to do at the racetrack?
Senator Al Franken, (D-Minn), ladies!
So let me get this straight. The argument is:
Did I get that right?
Al Franken will be made the Bernard Goetz of the Democratic Party by the Minority coalitions.
#99 Strawman:
“So let me get this straight. The argument is:
Neener neener neener.
Did I get that right?”
That seems to be the case, although like most Liberal and Leftist celebrations, they really don’t grasp the meaning of what they’ve accomplished.
1) Minnesota gets to stand in line at the hindmost of hind tits because their junior Senator is the most junior of the entire body.
Wave bye-bye to your tax dollars, Minnesotans, they’re on a bus one way to California and Florida and the states that keep their incumbents long enough to get some seniority on the Hill!
2) All the GOOD Committee and Sub-committee chairmanships have already been parceled out. Franken may get to chair the US Postal Service Postal Rate Advisory Sub-committee, or soem other such laughably lame body where no “juice” can be squeezed for the folks back home.
3) To keep this fight up as long as they have, Franken’s balls are so deep in hock to other people for the financing and favors that he’s gonna be the “go-to guy” when they want some schmuck to “jump on a grenade”.
4) Norm Coleman…another “moderate” Republican, (he used to be a Democrat, and even chaired Paul Wellstone’s campaign in 2002), bites the dust in a squeaker.
5) Franken is a comedian, and not a very good one. So Minnesota’s Supreme Court has essentially selected a clown with no government experience at any level,(that I’m aware of), to represent their interests. If they think that that isn’t how the rest of the boyz on the Hill aren’t going to view him, they need to get out in the sun more.
neener, neener indeed!
Bilgeman (77)
“Mark my words, the “Age of Obama” has about 18 months life left in it.”
I’d say less than 18 months, maybe as few as six or seven. The lifers in Congress, especially the Senate, will be bailing on him as fast as they can before much longer. They have their own butts to worry about, not the party, not the president, not their “shared vision”. Nancy has played her last hand of poker with a stacked deck, and Reid is nowhere near tough enough to bully his pals into going along in spite of the turning tide of public opinion.
I wouldn’t be surprised to see a Senator or two from his own party start to mention the issue of his birth certificate as a way to let him know who is really in charge. House-o-Crats can be leveraged into voting for something like Cap-n-Tax just by assuring them the Senate is going to shoot it down anyway and then tossing them a doggie treat for their district. The Senate is a whole different beast, one that knows it can just ignore the wishes of the House and the Executive. Don’t count on the Senate staying on the sidelines and letting The One do to them what The Peanut did. It may even be the Senate that starts taking The One down well before the 2010 elections start in earnest, at least to the extent that they’ll be investigating more than a few of his appointees and “Czars”.
No way they let sleeping dogs lie much longer on the issue of there being super executive appointments that they have no power over. You can call them Czars, Pharaohs, Trojans, or anything else, they’re still nothing more than a thin film stretched over the will of chief executive when he wants to shove something down the throat of one economic sector or the other. It’s still the chief executive doing the shoving without the Senate having the right to get the blow by blow details on demand.
Regards
So who’s worse, Franken or Michael Jackson?
The world is a republic of mediocrities, and always was.
- Thomas Carlyle
Shadow.
I noticed you didn’t answer a fairly direct question so I will put it to you again and in fact open it up to all the other lefties on this thread.
Why do you trust bureaucracies? What have they shown in the way of Courageous, fair, or inspired decision making ever? Why are partisan, parochial, political decisions better than economic decisions at delivering good outcomes? and finally if you have half a brain why choose tyranny over liberty? I have noticed you are good at parroting talking points care to actually try to convince people why your position is superior?
The Shadow.
If you are in a burning building. Would you prefer the fire fighters in charge of saving you to be skilled white fire fighters or unskilled minority fire fighters?
While the flames are engulfing everything you find precious, I suggest you yell out the window: “I don’t wan’t that white dude to save me. Go home and come back when you have a black female gay fire fighter. I’ll wait right here in the burning building”
JL – You propose a false dichotomy. It might be a good thing to have a test that really measures the ability of a firefighter. I could say – do you wnat a firefighter who passed a multiple choice test or one who in a house fire will risk his or her life to save you. There is no evidence that passing the multiple choice test given in New Haven will give you the one who will risk his or her life. There are tests give candidate real ife situations and watch the candidates reaction – those have a level playing field and my guess is that New Haven will change to those types of tests in the future.
Uriel – Stupid question. Army Navy Marines – FBI – It all depends on the questions involved. Healthcare – Do I really want to trust an insurance company who main obligation is to make sure that the shareholders get a good return on their investments?
#102 Rashputin:
“The lifers in Congress, especially the Senate, will be bailing on him as fast as they can before much longer. They have their own butts to worry about, not the party, not the president, not their “shared vision”.”
I agree. That’s how the circus always goes ain’t it?
The New President drives his bandwagon in and all the Congress-clowns come popping out of the car, but when he leaves he’s on foot, carrying a shovel and following the donkey and the elephant.
“I’d say less than 18 months, maybe as few as six or seven.”
Your lips to God’s ear, chum.
And yeah…I’m worried about the utility bills this winter, too. Especially if I’m put out of work. Offshore oil and gas is laying off and tightening its’ belt, when we SHOULD be going great guns to develop the oil that we KNOW is just offshore.
I love to see wingnuts like Rashputen dive down the birth certificate rabbit hole. It is amazing how the true wingnuts will continue to pursue any fantasy and insist despite all evidence to the contrary that they are right. Go for it man! The similarities to the Islamic fanatics is astounding – Just as they believe in the myth of the evil United States, you all believe in the myth of the evil Obama. Both are fanatics who believe in fairy tales
So white men can make better decisions than a Latino female.
Racism is racism no matter who spouts it. One gets the feeling though that only the conservatives can make progress in trying to remove racism from our society as the liberals keep trotting it out as a means of pushing their agenda.
I doubt the overturned decision (5-4vote) will be enough to derail her appointment, but perhaps along with other decisions made by her that have been overturned by the Supreme Court and other similar cases the decisions should be lively.
DoctorT You realize of course that Alito had been overturned 100% of the time prior to his confirmation. That along with Sotomayor’s percentage of being overturned is meaningless in isolation
Remember these tests were for officers–people doing administrative work . The tests had been carefully written and tested to be certain they were appropriate to measure the skills for the positions to be filled. Talk about testing physical prowess, etc, have no relationship to this matter.
Straight up this was a fair and appropriate test whose results had been pitched because of minority pressure on the local govt.
Sukie, I’m sorry I missed your comment yesterday. You are right that all the justices felt the lower court treated the issue far too cavalierly in granting summary motion.
I doubt the overturned decision (5-4vote) will be enough to derail her appointment, but perhaps along with other decisions made by her that have been overturned by the Supreme Court and other similar cases the decisions should be lively.
There’s not a lower court judge in the land who hasn’t been reversed at some point or other. Why do you think that disqualifies a nominee?
The decision is a positive statement for Sotomayor:
1. The Court reached its decision by creating new law: It created a new standard — a “strong basis in evidence” of the success of a disparate effect lawsuit is now required.
2. There’s no way that Sotomayor could have done the same as an appellate judge: they interpret, not create law.
3. The Court’s reasoning was based nearly entirely on a reading of the facts that was different from the trial court; this is why the decision was ~90 pages. The case was reviewed “de novo”.
4. There’s no way that Sotomayor could have done the same as an appellate judge: they’re required to give deference to a trial court’s findings of fact.
She is female, she is Hispanic, and she is a bona fide memeber of an oppressed minority, so she has met all the requisite liberal milestones. It does not matter what she says, has said, or will say, and it does not matter if she is brilliant or a dolt. She is on the express train to the Supreme Court.
She is female, she is Hispanic, and she is a bona fide memeber of an oppressed minority, so she has met all the requisite liberal milestones. It does not matter what she says, has said, or will say, and it does not matter if she is brilliant or a dolt. She is on the express train to the Supreme Court.
That’s correct. The winner of the first vote at the Secret Liberal Enclave was Carmen Miranda. We were all set to go home and barbeque up some fetuses when somebody accessed Wikipedia on their MacBook and informed us that Ms. Miranda has been dead for over fifty years. So we went with Sotomayor.
Snacky–there was no trial. The lower court determined the matter on motin for summary judgement.
62. Moogie:. . . “Say, that was a great response you had about Rush screwing up the numbers! Hey! Isn’t that kinda like Obama saying he had visited 56 states while campaigning?”
Actually, Moogoo, it was 57 states . . . sometimes that irony thing IS perfect.
119. sheesh:
“Actually, Moogoo, it was 57 states . . . sometimes that irony thing IS perfect.”
No, in DohBama’s derelict mind it was ’58′ if you ‘count’ the ‘one to go’. lol
62. Moogie.
Actually, Rush was correct. While there was a 5-4 decision in favor of Ricci. Even the dissent acknowledged that there were important constitutional considerations and so the Appellate Court erred when it issued a summary judgment for the respondent. The disagreement was on the role of Title VII. The dissent contends that disparate impact is more important that the prohibition against making raced based decisions in hiring. The Majority contends that there must be some bona fide belief that a disparate impact has occurred rather than just the fear of a lawsuit. Realistically, while I agree with the Majority and I am happy with the result. In answer to Snacky hardly think it created a new law. In fact as Scalia points out in his concurrence all that really happened is the court punted the constitutional question i.e. does Title VII violate the XIV amendment down the road.
Shadow.
Interesting and rather rich. You site 3 branches of the military and one law enforcement agency not typically what people think of when they consider government bureaucracies; however a few points to consider:
1) All these organizations are hardly examples of bureaucracies making good decisions. If anything they are a testament to the fact that good individuals can compensate for bureaucratic inertia.
2) The function of these organizations is to conduct activities that quite frankly any sane individual hopes we will never have to engage in. As such they represent a putting aside of resources to meet a social or societal contingency not an individual one. As they will always have to be provided by the Government they are necessary to its core functions protecting liberty (the military) and Individual rights(law enforcement). This makes these organizations necessary evils. Thank god we have good people in them.
3) What you are essentially saying is you trust a government bureaucracy rather than a private one to act as a gatekeeper to you access to healthcare. Leaving aside the fact that we could dispense with both and probably have a much better and more efficient Health Care system. A private health care insurance firms operate in a market place and is in competition with other firms, since it is in competition it must differentiate itself from those firms to be successful in Health Care this typically means providing superior customer service to the individual. This is why most Americans are happy with there Health Care insurance. The government does not have to compete for it to collect money, and doesn’t have to be efficient in dispersing or tracking money. It is in effect a monopoly and all monopolies are bad for the consumer.
4) Multiple private firms means that if one is making poor decisions you can change to another which offers better customer service, more services etc. There will be little or no recourse with a government run bureaucracy.
5) Finally there are remediation available to someone who is treated unfairly by a private firm either through direct regulation by the government or via tort law. It is virtually impossible to hold governments accountable with tort law and they typically do a lousy job of regulating themselves.