Uh, it was a 5-4 ruling. They disagreed with the ruling of a 3 judge panel, only one member of which was Sotomayor. The appeals court ruling was upholding a lower court ruling. This decision was not about Sotomayor.
You might want to look at the actual facts and decisions in the case as well instead of polarizing political discussion. The ruling at the appeals court level said that the test should be thrown out because the law in question required it to be thrown out due to the outcome of the test. The lower court and appeals court showed deference to Congress and the way they wrote the law. The Supreme Court today overturned Congress on said that the outcome of the test shouldn't be the primary determinant of its fairness. I don't know if Sotomayor is a racist or not. I'd guess not. But this case was actually about showing deference to Congress (that whole judicial restraint thing you know) and applying the law as written. The Conservative-leaning Supreme Court was the one overturning the will of Congress, which I kept getting told by right-wing folks is Bad...except of course when you agree with overturning the will of Congress and legislating from the bench. I really don't have any particular issue with this Supreme Court ruling, actually. I think it will complicate matters immensely in the short term, but we do need to reasses the concept of "fairness" and affirmative action and how things should be applied. I hope that this is a wake up call for Congress and society to revisit the issue and come (hopefully) to something approaching a new consensus. Judah On Mon, Jun 29, 2009 at 9:38 AM, Bruce Sorge<[email protected]> wrote: > > http://www.foxnews.com/story/0,2933,529409,00.html > > Of course, CNN has the story buried inside a bunch of other news links. > Hmm, weird. > > http://www.cnn.com/2009/POLITICS/06/29/supreme.court.discrimination/index.html > > Some lines are almost comical: > > Ginsburg quotes: > > "The white firefighters who scored high on New Haven's promotional exams > understandably attract the court's sympathy," she said. "But they had no > vested right to promotion." > > "Relying so heavily on pencil-and-paper exams to select firefighters is > a dubious practice," Ginsburg said, calling the majority ruling "troubling." > > "Congress endeavored to promote equal opportunity in fact, and not > simply in form. The damage today's decision does to that objective is > untold," she said. > > One quote I heard on the news was that the Afican-American test takers > said that the test was not fair. Really? We are still playing the "it > was not fair" card? We have a freaking African-American President! It is > obvious that ANYONE can achieve anything they want, regardless of color. > We have minorities in the senate, congress, and many other levels of > government. We had an African-American holding the highest position in > the US military. In other words, stop with the lame ass excuses. There > is no reason that a group of individuals from any background cannot pass > a written/oral exam. Everyone has a chance to pull themselves up by > their bootstraps and make something of themselves. > > Anyway, it will be interesting to see how this plays out in her > confirmation hearings. Me thinks that Mr. Obama needs to start looking > for another nominee, preferably one who is not inclined to lean on the > racist side of rulings. > > > > ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~| Want to reach the ColdFusion community with something they want? Let them know on the House of Fusion mailing lists Archive: http://www.houseoffusion.com/groups/cf-community/message.cfm/messageid:299199 Subscription: http://www.houseoffusion.com/groups/cf-community/subscribe.cfm Unsubscribe: http://www.houseoffusion.com/cf_lists/unsubscribe.cfm?user=89.70.5
