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Supreme Court Decision Will Stoke The Embers Of "Sotomayor Is A Racist" Debate
| posts about #sotomayordiscriminationcase more → |
Supreme Court Decision Will Stoke The Embers Of "Sotomayor Is A Racist" Debate |
06/29/09
I'm glad the decision was overturned, but that doesn't negate flaws in the system(s) - the testing system, the judicial system, our cultural dealings with race.
Ultimately, Sotomayor did the best with what she had. There is no reason that this should jeopardize her future on the SC.
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06/29/09
You have a point about split decisions, though. If you read some of the background to Brown v. Board, you'll find that CJ Warren didn't want to hear a segregation case until he could be sure he'd get a unanimous decision. Decisions that aren't "close" tend to seem more legitimate, at least in their immediate aftermath.
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Had this case come up later (ie a year from now when Sotomayor's on the court - fingers crossed) what would happen?
Would she recuse herself, and if so, how would they make up the numbers on the Court so it's not an even number?
06/29/09
Yes - she would probably have to recuse herself.
You don't make it so that there are an odd number of Justices, you hear the case with 8 Justices. And yes, you can have a 4-4 split decision.
A split decision effectively upholds the ruling of the lower court (presumably a state supreme court). In the event of such a tie, the court typically issues what's known as a per curiam decision. The opinion in such a decision is issued under the court's name, as opposed to consisting of a majority and a minority opinion.
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06/29/09
You are right, tests are not a good way to give promotions. could be a guideline. I see that a lot in IT. Many people pass the tests by memorizing books of facts on the application/language but when using them in real life, just no.
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06/29/09
""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"
I have to say this is true. The reason New Have threw out the exam was because they didn't want to get sued by the minorities affected. So, on that note, the Supreme Court decision makes sense. Not that it's pretty or I like but, it's said and done.
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Ugh.
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Oh wait.
Fuck.
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06/29/09
I have to read the article. How did Clarence vote?
I really dislike that man. He's not fit to be on the court.
06/29/09
You should really add a bit more to your comment to support that statement . . .
06/29/09
he was not qualified. go back and read some of the press when he was nominated about his lack of experience. That GWB picked him to take the place of Thurgood Marshall is outrageous. That said, it was a brilliant move. The CBC (congressional black caucus) didn't know what to do.
Once the Anita Hill scandal broke Thomas was able to utter the famous "high tech lynching line" in prime time while sitting in front of a panel of all white male senators. Powerfully imagery. Ted Kennedy would have normally take the lead for the opposition couldn't say a word since he was caught up in the whole Palm Beach rape case involving his nephew.
I find it ironic that he "played the race" card, given his views on Affirmative Action, and how he goes out of his way to out conservative his guy Scalia. And regading that last decision on the Voting Right Act, I have no words. It was eight to one. Not even Scalia voted with Thomas.
Oh well nothing we can do. He's there for life.
06/29/09
Are some people better situated? Yes. Is anyone really qualified? Well, I would argue that you are qualified once you are confirmed. Many great legal minds aren't able to get that far.
06/29/09
But if we're all going to do it together -- you should really shut up and read his record.
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*A societal rebuke, not editorial.
06/29/09