The case the Right is criticizing Sotomayor about: Ricci v. DeStefano, links

[usregimechange]

Issue: Whether municipalities may decline to certify results of an exam that would make disproportionately more white applicants eligible for promotion than minority applicants, due to fears that certifying the results would lead to charges of racial discrimination.
http://www.scotuswiki.com/index.php?title=Ricci%2C_et_al._v._DeStefano%2C_et_al.

Interesting text of the orals before the Supreme Court:
http://www.supremecourtus.gov/oral_arguments/argument_transcripts/07-1428.pdf
(They specify the name of the Justices these days)

2nd Circuit denial of en banc hearing:
http://www.ca2.uscourts.gov/decisions/isysquery/36412016-577b-4bc2-b10c-3f03ea9b4ff6/3/doc/06-4996-cv_opn2.pdf#xml=http://www.ca2.uscourts.gov/decisions/isysquery/36412016-577b-4bc2-b10c-3f03ea9b4ff6/3/hilite/

Check it out and I will be back to compare notes.

[MadMaddie]

1. Facinating reading

Interesting text of the orals before the Supreme Court:
http://www.supremecourtus.gov/oral_arguments/argument_t...
(They specify the name of the Justices these days)

Ginsberg is sharp....I have read most of it and I notice an absence of any questions from Thomas....

Geeze I learn so much on DU....Thanks for the links.

[usregimechange]

2. Kennedy seems to side with Sotomayor on this, can't always tell from questions

but seems that way to me.

[CTyankee]

3. thanks for posting these. I posted a thread about the political fallout from this case

a few days ago. Link here: http://www.democraticunderground.com/discuss/duboard.php?az=show_mesg&forum=132&topic_id=8400109&mesg_id=8400109

Some people were unhappy that I was being Cassandra-like here. I'm glad you posted the actual argumentation.

As I stated in that post, I lay heavy blame on the mayor, DeStefano, for his politicization of this case and his incompetence in its handling. I am furious that he essentially gave the RW its ammo and that affirmative action gains in this country could be eroded as a result.

I live in New Haven and have watched this mayor for many years "do his thing." My perspective is influenced greatly by that.

[usregimechange]

4. I guess I don't share your concern about the case, the opinion is not out of the mainstream

They threw out the test because they were concerned that it would disproportionately effect minorities and that the test may have not been accurate. That is practically the opposite of racism.