June 29, 2009, - 11:23 am
By Debbie Schlussel
It’s time to end affirmative action quotas, programs, set-asides, etc. in America. Those are racist, sexist, and bigoted in that they prefer people, groups, and companies solely on those characteristics (which are a coincidence of birth, not an achievement), or those characteristics play a big part.
And the U.S. Supreme Court seems to agree, with its landmark ruling today in Ricci v. DeStefano (READ the Court’s decison), the case in which White New Haven, Connecticut firefighters were illegally denied promotions because of their race. It’s an incredible ruling (reversing Justice J-Lo/So-So a/k/a Sonia Sotomayor), but expect less and less of these once Barack Hussein Obama finishes packing the Supreme Court. The decision was a close 5-4 ruling.
The Supreme Court ruled Monday that white firefighters in New Haven, Conn., were unfairly denied promotions because of their race, reversing a decision that high court nominee Sonia Sotomayor endorsed as an appeals court judge.
New Haven was wrong to scrap a promotion exam because no African-Americans and only two Hispanic firefighters were likely to be made lieutenants or captains based on the results, the court said Monday in a 5-4 decision. The city said that it had acted to avoid a lawsuit from minorities.
The ruling could alter employment practices nationwide and make it harder to prove discrimination when there is no evidence it was intentional.
“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,” Justice Anthony Kennedy said in his opinion for the court. He was joined by Chief Justice John Roberts and Justices Samuel Alito, Antonin Scalia and Clarence Thomas.
The case is sort of like a Bakke for the new millenium, since the Bakke case was the first to eat away–in a significant way–at racist affirmative action programs. In that case, the Court held that a public university could not use race as the sole or major factor in admissions to a graduate school program (Allan Bakke applied to medical school), and therefore, could not have quotas in admission. However, it did say that race could be a factor. Today’s decision is a marked improvement on Bakke. But probably a temporary one, given the precarious makeup of the Supreme Court.
It will be interesting to see how this plays out with So-So’s Supreme Court nomination. But, sadly, the hubbub over this will die out, and she’ll sail through, as will future Obama nominees, until there are more than enough to over turn this decision.