The media, pundits, polls, commentators are all 100% wrong about the New Haven case.

[grantcart]

1) It is not Judge Sotomayor's decision and it is not her ruling. It was a unanimous decision of a 3 panel judge.


2) More significantly the narrow issue that the court ruled on was not on Affirmative Action or on the merits of the firefighters case, or the fairness or lack of thereof of the test.


The decision was simply on the question on whether or not the city had taken a legally accpeted step in scrapping the test. Because the City invalidated all of the results and no one got any promotions no one was disadvantaged.

It is hard to believe that any judge in the US would come to any other conclusiion, given the narrowness of the question and the precedents at hand.

Even if the SC overturns and finds for the firefighters and makes new law on affirmative action, no one should assume that the lower court was incorrect in administering the law and precedents at that level.

By criticising the lower panel's decision conservatives are actually arguing that judges should become 'more activist' rather than simply applying the law and precedent. The larger issues of the case, and all of the affirmative action cases that are being bundled together, can only be faced at the Supreme Court.

[CTyankee]

1. You might be interested in this OpEd piece in today's NH Register by the firefighters attorney:

http://www.nhregister.com/articles/2009/06/04/opinion/doc4a273ec43b601991245162.txt

She doesn't address Sotomayor's "decision." But it gives you an idea of what venom is on their minds.

While I agree with your views here, it's useless to try to argue this point with the other side. They are completely clueless as to our argument. And the release on the front page of our paper today showing how much the voters agree with the firefighters and say diversity isn't really worth much is kind of depressing.

What I say to them is this: As a resident of New Haven, if I have a fire in my house I want the people who are in charge of my local firehouse to have leadership skills, a lot of experience, wisdom and ability to think quickly under pressure. I don't give a rat's ass about their test taking or essay writing skills.

I might add that the mayor of New Haven was derelict in his duty not to find a better test, one that had been used elsewhere with more racially balanced results. The one the city used was untried. Do not let the mayor and his cronies off the hook on this. If we lose badly at the Supreme Court it will be on John DeStefano's head...

[grantcart]

2. thank you for your informed reply

[CTyankee]

3. Thanks for your post. Very well put together. But until people get diversity training

they are going to blindly believe that diversity is some sort of rigged deal, not the necessity it is for strength in our society.