Monday, June 29, 2009

Ricci Overturned!....

The Supreme Court just handed advocates of equal opportunity and equality before the law and anti-preferences a HUGE victory, by in effect gutting the use of “disparate impact” as a justification of race/gender-based preferences.

The Ricci decision effectively guts the perverse standard that any disproportionate impact a test may have is proof of overt discrimination against various “protected groups”.

What’s needed now is an end to the equally ridiculous concept of “protected groups”.

SCOTUS Blog reported it this way;

"The Court has released the opinion in Ricci, et al. v. DeStefani, et al. (07-1428 and 08-328), holding for the plaintiff firefighters that the City of New Haven cannot be sued for disparate liability. The decision below is reversed and remanded in a 5-4 opinion by Justice Kennedy. Justice Scalia filed a concurring opinion. Justice Alito filed a concurring opinion, in which Justices Scalia and Thomas joined. Justice Ginsburg filed a dissenting opinion, in which Justices Stevens, Souter, and Breyer joined."


conservative brother said...

This is a great day of those who believe in TRUE equality jmk. Hard work should always be rewarded. Those firefighters did put in the time studying, and their efforts rightfully should have bared fruit. The City of New Haven should be ashamed of itself, but I doubt they even understand what shame is.

JMK said...

I agree in that such results DO NOT imply similar results going forward.

On one of the exams, there were three blacks in the top 20, though the cut off was the top 15.

Given a different sampling for each exam, it's entirely plausible that blacks could be 3, 4, or even 8 of the top 15 on another similar exam.

The idea that standards discriminate against racial or ethnic groups is one of the most insulting notions imaginable.

It's patently UNTRUE and the continued propogation of that pernicious myth institutionalizes a culture of "racial superiority/inferiority" that is the foundation of ethnic/racial bigotry a/k/a "racism".

As for the City of New Haven, like most entities, it merely sought "the path of least resistance" - seeking the least costly remedy.

In this case, that turned out that they guessed wrong, but given recent history, they chose the more cowardly, but cost-effective path.

When I first began working in the South Bronx, there was a woman working there. It was a very busy firehouse and some guys had a very big problem with the woman there - she was a very overweight black female, though she did have a very pleasnat personality.

My figuring at the time was that it wasn't her fault, it was the judge who made that decision's fault...that woman merely took advantage of an opportunity given to her by circumstance of her gender.

While I DID NOT like that at all, I couldn't take it out on her.

The judge in that case was the villain.

Roadhouse said...

It was truly good news, but the decision should have never been so close. The fact that it was anything less than unanimous is terrifying to me.
That means that nearly half of our Supreme Court still considers skin color to be a justification in thier legal decisions.

JMK said...

That's very TRUE Roady IF we had Justices that simply adhered TO the Constitution rathert than seeking to adapt it to THIER personal predilictions.

There's no question that race/gender preferences violate BOTH "equality of opportunity" (the inalienable RIGHT of all Americans to be judged on the SAME standards) AND "equality before the law" (the basic RIGHT of all Americans to be treated the SAME under the law), BUT they also happen to often result in glaring disparities (ie. the New Haven promotion exams in question, the NBA, even engineering programs, where Asians, who are about 5% of the population comprise as much as 70% of some engineering programs), so there is a tendancy, generally on the part of more Liberal judges to bend and shape (reinterpret) the Constitution to enable them to justify what they feel "needs justifying".

Right now we have a very slim and quite tenuous Conservative majority on the Supreme Court - Scalia, Thomas, Roberts and Altio form the crux of that majority. Anthony Kennedy often provides the key "swing vote" on such issues.

Stevens, Breyer, Ginsburg and for now Souter, but soon Sotomayor will form the crux of the Left-wing of the Court.

Seane-Anna said...

Dude, I dig the new pic!

Rachel said...

yeah the new pic is cool. I have to remind myself that that's not an albino ferret on your shoulder with the last one :)

JMK said...


Seane-Anna and Rachel...figures, women really ARE more observant than guys.

My wife will sometimes ask, "What did you think of (any name here)?"

I'll ask "Who?"

And she'll reply, you know, the girl with the green eyes.

I rply by staring back blankly.....there was a girl with green eyes?

Now a girl in red stilletos and a skirt 6" above her knees, I'll eyes, not as much.

BTW Rachel, THAT'S exactly what my wif said when she saw that picture, which is just before she got me to change it.

Seane-Anna said...

"...albino ferret on your shoulder..." LMAO!!!! I know what u mean, Rachel!

Clifton B said...

Ricci is a step in the right direction in making America a colorblind society. If a colorblind society is truly our goal, then the rules must apply equally to all. If that means minorities end up at a disadvantage, then so bit it. Then and only then will America start looking at the true root cause as to why minorities fail to succeed in certain areas and that area will surely be public education.

BTW, I agree the new pic rocks.

JMK said...

I agree completely Clifton, but so long as the SAME tests are given to everyone and applicants have the ability to prepare in advance, I don't think minorities will be at any disadvantage.

One of the most hoorific things about preferences is that they've inclucated and codified the legacy of white supremacy and black incompetence (a MYTH) into something it is NOT (or at least SHOULD NOT be) - accepted dogma.

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