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Location: Butte, MT
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Affirmative Action takes a hit... Sotomoyer...

Surprised this hasn't been posted yet:

http://www.foxnews.com/politics/2009/06/29/connecticut-firefighters-vind...

cowgal's picture
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Affirmative Action takes a hit... Sotomoyer...

I was glad to hear it was overturned.

This has to be a big strike against Sotomayor. She was totally wrong in her ruling, very glad to see the supreme court ruling today.

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Joined: 04/01/2009
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Affirmative Action takes a hit... Sotomoyer...

Actually it did nothing to address affirmative action and wasn't even about affirmative action but rather a municipalities efforts change tests after they were given so as not to be sued under affirmative action and wether switching those tests does in fact protect the municipality from litigation. They said no it doesn't.

"Among the large questions that did not get addressed at all, perhaps the most significant was whether government employers, even if they have a ”strong basis in evidence” that they think will justify making a race-based job selection, will escape liability under the Constitution.

The Court said explicitly that it was not ruling on the question of whether compliance with that standard would satisfy the Constitution’s command of racial equality — in other words, whether a government employer genuinely worried that accepting test results would work against minorities can escape a constitutional violation if it casts aside the results and thus shuts out whites who scored better."

http://www.scotusblog.com/wp/analysis-ricci-without-the-rhetoric/

And no it has no affect at all on Sotomayor, she is part of an appeals court that hands down decisions based on law not on personal ideology. In this case she and the other judges upheld a lower courts decision and ruled against whte, (and hispanic if anyone is keeping score) firefighters in favor of affirming a lower courts adherance to law.

Usualy SCOTUS nominations are a money tree for the rabid right. They tried this time but the total amount collected to think tanks and senatorial re election coffers etc have been very small. Guns, race, no mention of God yet, but the money raising has been tiny and the damage huge. Pol drops amongst hispanics. Tell the truth now you got some mail for this didn't you, asking for money.

The actual vote count is a non story. Way way down the page. There will be some shouting by senators in safer states but a big silence from most. Imagine running for re election in Texas? Arizona? Nevada? A little noise, a little TV, lots of shouting on Fox, then a swearing in photo op with Barack.

expatriate's picture
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Affirmative Action takes a hit... Sotomoyer...

Let's see...firefighters denied promotion on account of their race. Sotomayor's court condones the action without considering constitutionality. Supreme court says the firemen were unjustly denied promotion. So Sotomayor has already showed her hand as someone who doesn't do her homework on a case, and who isn't SCOTUS material.

But it doesn't address affirmative action...

And it doesn't affect Sotomayor...

There's no place like home...

There's no place like home...

Laugh Laugh Laugh

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Affirmative Action takes a hit... Sotomoyer...

I think this is a great indication of her true colors. Unfortunately most won't get it.

expatriate's picture
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Affirmative Action takes a hit... Sotomoyer...

Wait...there's more! Don't you think that it's a good idea to see how well a nominee's decisions have withstood SCOTUS review?

Six of Sotomayor's decisions on the 2nd Circuit Court have been reviewed by the Supreme Court. SCOTUS reversed four out of those six. One of those cases was Didden v. Village of Port Chester, where SCOTUS openly rebuked Sotomayor's three-judge panel for "an evident denial of the most elementary forms of procedural due process."

This is not a person we want to entrust our Constitution to.

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