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.





