Bad News For Obama: Supreme Court Overturns Sotomayor On Ricci Case

Proof • June 29, 2009

Ricci vs. DeStefano is the case from New Haven, Connecticut about the firefighters who sued their municipal employers after they were denied a pay increase because minority fire fighters didn’t pass the same test they passed. As a member of the Second Circuit Court of Appeals, Sotomayor affirmed a lower court ruling in favor of the city.
The Supreme Court just overturned that ruling.
I don’t see a link on the web just yet, but certainly those doesn’t portend good things for Sotomayor’s confirmation process.
Update: Here’s an AP report on the ruling.

Tags: Asshats, Domestic Issues, Politics

http://northerngleaner.blogspot.com/ Gene

If we are going to appoint an unqualified latina to the SCOTUS I nominate Jennifer Lopez.

Good Looking and…. Well good looking.

Enuf for me.
http://www.dartemis.net/blog/ sayanything-42

Ah, the academe!

It’s a 5-4 decision. This doesn[sic] nothing to her nomination.
http://en.wikipedia.org/wiki/David_Petraeus Last Best Hope

How can this help her nomination? It can’t do anything but draw evermore attention to her decisions that show a pattern of race based preference. I thought that was a bad thing for a judge to do. Liberals said it was all while I was growing up in the 60′s & 70′s. When did it become ok to favor one race over another in a court of law?
robert108

djer: Wrong on both counts! The Court followed the Constitution this time, instead of inventing reasons to support the disastrous Dem social engineering schemes that have devastated our economy and our budgets.
What the Court did was the opposite of “judicial activism”; it did its Constitutionally-mandated job.
http://ndgoon.blogspot.com/ goon

If we are going to appoint an unqualified latina to the SCOTUS I nominate Jennifer Lopez.

Good Looking and…. Well good looking.

Enuf for me.

I agree JLO is hot and my text book definition of hot.
Buzz

Then comes the stalker. (Scary music)
http://sayanythingblog.com/readers/author/realitybasedbob/ realitybasedbob

…as a judge on the U.S. 3rd Circuit Court of Appeals, current Justice Samuel Alito was reversed on at least four occasions before his confirmation to the Supreme Court and received a “rebuke” as an appeals court judge by Justice Sandra Day O’Connor, whom he replaced.

… Alito was reversed unanimously in Thomas.

Furthermore, it also would not be unprecedented for the court to reverse a ruling reached by a justice before his or her elevation to the Supreme Court. As an appeals court judge, Chief Justice John Roberts was a member of a three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit, which, in its July 2005 unanimous ruling in Hamdan v. Rumsfeld, allowed a military commission to try Salim Ahmed Hamdan, a GuantÃ¡namo Bay detainee.

Roberts was confirmed as chief justice several months later, in September 2005. Then, in 2006, the Supreme Court reversed the circuit court’s decision on a 5-3 ruling.

Moreover, contrary to the myth that it is unusual for the Supreme Court to reverse federal appellate court decisions, data compiled by SCOTUSblog since 2004 show that the Supreme Court has reversed more than 67 percent of the federal appeals court cases it considered each year, except 2007, when it reversed federal appeals court cases 61 percent of the time.
SigFan

Gene and Bat One –
Time spent with JLo would probably kill guys our age, but at least we would go with a grin on our face.
djer

And the activist court made new law today and didn’t enforce the law. Actually read the case and not what the pundits are telling you.

This will do nothing to stop her nomination. Alito and Roberts were overturned on appeal to the Supreme court and were confirmed.

The rightwing justices became the activists judges today.
http://magyartruth.blogspot.com/ Chief RZ

djer. What law allows people to be illegally discriminated upon based solely on their skin complexion? Seems like the 14th Amendment should protect those who had their rights restored today.
brain trust

That scary thing is, it was a 5 to 4 vote. Thank God she will be replacing one of the idiots in the 4 category. I hope BHO doesn’t have to replace anyone that was on the majority side of this determination.

The Liberal’s Golden Rule – We must all suffer equally!
http://en.wikipedia.org/wiki/David_Petraeus Last Best Hope

libs are full of Orwellian speak:

race based discrimination is “affirmative ation”…

upholding the Constitution is “activist right wing judges making new law”…

paying off Dem party loyalists with our tax money is “stimulus”…

passing the biggest ever piece of legislation with the most far reaching consequences for our nation WITHOUT READING IT is “change you can believe in”

see you at the Tea Party…bring a friend.
Bat One

Enuf for me.

Gene,

At our age, MORE than enuf!
http://www.dartemis.net/blog/ sayanything-42

As usual with pussycat the soi dissant jd’s writings here, we’re not quite sure what he meant to convey. He seems to be accusing someone of racism. If he’s referring to the nominee, he’s certainly right. He’d also be unquestionably correct if he were referring to buzzardbreath or blackwaterboob…

Does the counselor have a case to make here?
http://magyartruth.blogspot.com/ Chief RZ

This is the main difference between liberals and conservatives. One bases their life on looks and racism; the other on human values, freedom and liberty. We stood up the Great Britain and won our independence from being “subjects” to US citizens with our blood and sacred honor.
http://www.dartemis.net/blog/ sayanything-42

Wow!

That’s two SAB racists now offering apologia or distractions for their fellow racist nominee!
http://www.dartemis.net/blog/ sayanything-42

pussycat,

We might ask the same of you, but you’ve already answered that. That or you managed to miss all nine justices concurring that summary judgment was inappropriate.

We continue to weep for the academe and the “legal profession.”
Bat One

S M A C K !!!

I don’t believe there has ever been another instance when a Supreme Court nominee has had a major decision overturned while awaiting confirmation hearings. Judge Sotomayor is turning out to be the Left’s Harriet Meyers.
http://www.dartemis.net/blog/ sayanything-42

Why look, black waterboob the unrepentant racist shows up to offer apologia for a racist nominee.

How

Predictable

.
Mark

She needs to withdraw. But the One will just find another liberal activist that will back his agenda.
http://www.dartemis.net/blog/ sayanything-42

Heh!

“Although there is a sharp 5-4 divide among the justices, not a single justice thought that Judge Sotomayor acted correctly in granting summary judgment for the City of New Haven.”

Hat Tip: Glenn “Instapundit” Reynolds
http://www.dartemis.net/blog/ sayanything-42

Justice Alito’s concurring opinion is dedicated to rebutting aspects of Justice Ginsburg dissenting opinion:

Petitioners were denied promotions for which they qualified because of the race and ethnicity of the firefighters who achieved the highest scores on the City’s exam. The District Court threw out their case on summary judgment, even though that court all but conceded that a jury could find that the City’s asserted justification was pretextual. The Court of Appeals then summarily affirmed that decision.

The dissent grants that petitioners’ situation is “unfortunate” and that they “understandably attract this Court’s sympathy.” But “sympathy” is not what petitioners have a right to demand. What they have a right to demand is evenhanded enforcement of the law–of Title VII’s prohibition against discrimination based on race. And that is what, until today’s decision, has been denied them.

Indeed they did have that right under the law, and Sotomayor and her apologists actively sought to deprive those citizens of their rights based solely on the color of their skin.
Mark

I’m sure this will be brought up in her Senate hearings. It’ll be fun to watch her spin it.
Bat One

She could always get a job cleaning rooms and changing linens at the Shoreham.
Lioncourt

How can this help her nomination? It can’t do anything but draw evermore attention to her decisions that show a pattern of race based preference. I thought that was a bad thing for a judge to do. Liberals said it was all while I was growing up in the 60′s & 70′s. When did it become ok to favor one race over another in a court of law?

Sotomayor illustrates the real difference between free speech and real racism. She used her position of authority to impose racial quotas that actually caused damage to people. This is far worse than saying a few bad words.

Either one of you bother to read the case?
Buzz

RBB pwnes the little hairy bat, AGAIN.

SMACK!!!!
Bat One

Grin???

That, Sir, is a masterpiece of understatement.
http://ndgoon.blogspot.com/ goon

Yawn! She is not a good lawyer.
http://sayanythingblog.com/entry/america_is_back/#c397018 DINO

She’ll be confirmed. There’s little you can do about it.
Lioncourt

Ah, the academe!

Wow, you caught a typo. Good job.

To give you and other oh-so-sensitive liberals something to mew about.

And you are a racist.

Don’t you agree Rodney? You are the self proclaimed expert on racism.
Myron Floren

Do you think her background of being a hispanic woman got in the way of her impartiality on this one?
http://magyartruth.blogspot.com/ Chief RZ

Justice Ruth Bader Ginsburg wrote for the liberals. For the liberals, who are racist, socialist, communist controlling egotists.
Lioncourt

She could always get a job cleaning rooms and changing linens at the Shoreham.

Why would you say a latina needs to be a housecleaner?

It’s a 5-4 decision. This doesn nothing to her nomination.
http://magyartruth.blogspot.com/ Chief RZ

These gangsters are destroying the good works and heritage that people invested with their lives and sacred honor. It is easy to steal from others if you have no morals and no conscience.
http://ndgoon.blogspot.com/ goon

Remember Barry was supposed to be beyond race. I guess not eh?
http://magyartruth.blogspot.com/ Chief RZ

Finally! After 2009-1966=43 years of racist policies — DeJure type, promotions based on intelligence, hard work and motivation, not the complexion of one’s skin. Finally.
http://magyartruth.blogspot.com/ Chief RZ

Race based preferences are racist policies. Or more to the point, skin complexion discriminations and political leanings. Study the testing material, study, practice, study, take the test, pass the test, get a promotion. Period.
SigFan

Unfortunately she’ll probably end up being the next Ruth Bader-Ginsburg, liberal activist and idiot extraordinaire on the bench of SCOTUS. What a freaking joke! The good news though is that no matter who Obama appoints, unless they get rid of Roberts, Scalia, Alito and Thomas (not likely), conservatives will still have significant presence in the court. And at least for now, there’s nothing liberals can do about it. The only way this gets to a liberal dominated court is if Kennedy who is typically the swing vote goes. Kennedy seems to side with either argument, but has frequently been the decider for us as well.
http://SayAnythingBlog.com The_Whistler_ofnd

So Obama nominated a racist. What’s surprising about that?
Bat One

Why would you say a latina needs to be a housecleaner?

To give you and other oh-so-sensitive liberals something to mew about.
e4bannan

wise latina………or something.
Bat One

And you are a racist.

As expected. Why Pavolv bothered with puppies when he could have studied liberal Democrats instead remains one of life’s great mysteries.
robert108

Sotomayor illustrates the real difference between free speech and real racism. She used her position of authority to impose racial quotas that actually caused damage to people. This is far worse than saying a few bad words.
http://magyartruth.blogspot.com/ Chief RZ

Thank you, Rodney. Well put:

Sotomayor and her apologists actively sought to deprive those citizens of their rights based solely on the color of their skin.
WOOFX

Not only will she be confirmed , but she’ll nullify the activist judges Ricci decision.

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Bad News For Obama: Supreme Court Overturns Sotomayor On Ricci Case

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