The Judicial Temperament of Justice Sotomayer

• May 27, 2009

The Judicial Temperament of Justice Sotomayer may be exemplified by her ruling in Ricci vs. DeStefano, the New Haven firefighter case.

One hundred and eighteen people took the tests; 56 passed. Nineteen of the top scorers were eligible for promotion to 15 open lieutenant and captain positions. Based on the test results, the city said that no minorities would have been eligible for lieutenant, and two Hispanics would have been eligible for captain. (The lawsuit was filed by 20 white plaintiffs, including one man who is both white and Hispanic.)

Unfortunately, no blacks scored high enough on the test to qualify for advancement, therefore, rather than promote the qualified, the city chose not to promote anyone.

The promotion exams were closely focused on firefighting methods, knowledge and skills. The first part had 200 multiple-choice questions and counted for 60 percent of the final score. Candidates returned another day to take an oral exam in which they described responses to various scenarios, which counted for 40 percent.

If the city had discriminated for or against any candidate based on race or skin color, that would have been unconscionable. But to discriminate again those men who passed the test and were eligible for promotion on the basis of what another group did or didn’t do is equally wrong. Ms. Sotomayor, who has stated that “…a wise Latina woman with the richness of her experiences would more often than not reach a better conclusion than a white male.” thought otherwise.
Her one paragraph contribution to the decision was considered light weight*. Unfortunately, when the case comes before the US Supreme Court, one of the justices will probably be Sonia Sotomayor.
Cross posted at Proof Positive

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http://proof-proofpositive.blogspot.com/ proof_positive

I don’t know if she would have to recuse herself. She would certainly come to the case with a prejudiced notion (literally!) of how it should be decided.
I don’t know if there’s any precedent for an appeals justice being elevated to the US Supreme Court and hearing a case they’d already pronounced upon.
Bat One

I don’t know if there’s any precedent for an appeals justice being elevated to the US Supreme Court and hearing a case they’d already pronounced upon.

Chief Justice John Roberts recused himself from a case he had previously ruled on while on the S.C. Circuit Court of Appeals. And I believe Chief Justice Rhenquist encountered a similar situation in which he recused himself as well.

If Sotamayor is confirmed before the appeal is heard, the Chief Justice will require her recusal.
http://proof-proofpositive.blogspot.com/ proof_positive

Sparkless “Full of Dog Crap” Carbuncle, with his lack of reading comprehension, may not have noticed that the only reference to race, outside of discussing the racial aspects of the case she ruled on, was to actually quote Ms. Sotomayor in her claim that “…a wise Latina woman with the richness of her experiences would more often than not reach a better conclusion than a white male.”

Now, either Spark is mind numbingly stupid or mind numbingly dishonest (or both) to be able to find “racist innuendo” in any of that. But, then, that’s our Spark!
http://proof-proofpositive.blogspot.com/ proof_positive

Gee! I challenged Sparkless Carbuncle to challenge the little voices in his head to come up with an actual example of racist innuendo, and all he can come up with is

D’oh!

I guess his talking points memo didn’t go beyond “racist screed”!
http://proof-proofpositive.blogspot.com/ proof_positive

A very clear case of Racism which has gone to the Supreme Court for review.

Had any of the top nineteen been black, they would have been promoted, so yes! It appears to be racist on its face.
http://proof-proofpositive.blogspot.com/ proof_positive

racist screed from the insecure white males.

Three times, on three different threads discussing Ms. Sotomayor, Sparkless has dropped the dog turd “racist screed” into the conversation, as if he had made a point, without making any point whatsoever, demonstrating that he is a mental midget (or serial slur slinger) of world class proportion!

And Spark: we’re laughing at you , not with you!
http://www.dartemis.net/blog/ sayanything-42

Ah, I see sparkless-pig-fuckin-buckle the “pandering ninny” and apoligist for racists is doing his projection thing on a broad spectrum of threads today… Or are they broad?

Why no, they all seem to be lame attempts to defend or distract from the overtly racist and sexist writings of a liberal jurist he’d like to elevate to the Supreme Court.

What a shock, one racist seeks to elevate another.
http://www.kenmccracken.blogspot.com/ Ken McCracken

I don’t know if there’s any precedent for an appeals justice being elevated to the US Supreme Court and hearing a case they’d already pronounced upon.

It happens more often that you might think. And yes, the proper thing for the justice to do is recuse himself.
sayanything-5371

Unfortunately, when the case comes before the US Supreme Court, one of the justices will probably be Sonia Sotomayor.

Her statement that she feels that the appeals court is where policy is made is enough to disqualify her. It clearly shows that she is a judicial activist. Her racist remark that a latina could make a decision better than a white man should also disqualify her. Its very important that these type of casually made remarks define her as a judge. She could sit on SCOTUS for more than thirty years being a racist and sexist judicial activist and doing a lot of damage to the USA and our Constitution.
http://www.dartemis.net/blog/ sayanything-42

She, like you, buzzardbreath, blackwaterboob, and TomTom all stand convicted by their own writings of racism and apologia for racism.
Bat One

My apologies. That should read “D.C. Circuit Court of Appeals.”
http://proof-proofpositive.blogspot.com/ proof_positive

BTW, when discussing Sparkie, “Serial Shit Slinger” works equally well!
http://proof-proofpositive.blogspot.com/ proof_positive

I see Sparkie still hasn’t come up for a defense (or a single citation) of what his fever swamp mind would define as “racist innuendo”. Pity. You can tell from his writing that there must have been a time when he knew his ass from a hole in the ground. Unfortunately, this is not that time!
http://proof-proofpositive.blogspot.com/ proof_positive

racist innuendo,

Serial Shit Slingler Sparkie continues his rampage without citation. Nice slur, Spark!
Come back when the little voices in your head give you an argument to go with it!
http://www.dartemis.net/blog/ sayanything-42

A very clear case of Racism which has gone to the Supreme Court for review.
http://sayanythingblog.com/readers/author/sparkiearbuckle sayanything-81

graves
good luck nutbag. claiming Sotomayor is a racist and a sexist… and complaining about projection.

see a shrink first, then get back to me.
http://sayanythingblog.com/readers/author/sparkiearbuckle sayanything-81

Poofy
If you guys can take issue with Sotomayor without racist innuendo, I won’t call you out for it. The number of posts you choose to ply pathetic identity politics in… is your choice.
http://sayanythingblog.com/readers/author/sparkiearbuckle sayanything-81

racist screed from the insecure white males.

(Laughing.)

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