Along with bogus charges of racism, we are now hearing rumblings of discontent regarding Supreme Court nominee Sonia Sotomayor’s ruling in the infamous New Haven firefighters’ reverse discrimination case.
First, a little background.
New Haven, CT adopted a written exam in 2003 for the purpose of determining which of the city’s fire fighters are eligible for promotion to Lieutenant and Captain within the department. The city ended up throwing the test out a year later, after determining that no eligible black workers had passed the exam.
A white fire fighter by the name of Frank Ricci scored exceptionally high on the test, and would have received the promotion, had the test not been deemed inadmissable by the city. Ricci in turn sued the city of New Haven for reverse discrimination, claiming that he was in effect losing his rightful promotion as a result of a policy that catered to blacks and minorities.
The trial court disagreed, and Frank Ricci lost the case.
Ricci appealed the lower court’s decision to the 2nd U.S. Court of Appeals, where it fell into the lap of Judge Sonia Sotomayor (and 3 other judges, as part of a panel. For the sake of this post, we’ll just talk about Sonia Sotomayor). Sotomayor rejected the appeal, upholding the lower court’s ruling. The case is currently being heard by the U.S. Supreme Court, with a ruling expected by late June of this year.
Judge Sotomayor’s decision was a controversial one, especially among conservatives, who tend to believe she should have sided with the fire fighters.
If one truly understands how the oft-squeaky wheels of justice turn, and the responsibilities of an appeals court judge, the case isn’t quite as controversial after all… and one begins to see it has less to do with Judge Sotomayor and more to do with the legal precedent she had no choice but to utilize in making her decision.
The city of New Haven did not simply throw the written test out because it felt like it, nor was the test deemed inadmissable by a single party, hell-bent on building a blacks-only department.
Hardly.
The test was found to be in violation of Title VII, which is the federal civil rights law that requires employers to consider the racial consequences of any hiring or promotion practice. Whether on purpose or inadvertent, if the practice excludes minorities, it is illegal. The New Haven test, according to the law, was an illegal promotion tool, as eligible black fire fighters were not able to pass it. As a result, the city had no choice but to throw the test out.
If one is to take issue with this situation, the issue must be taken with the law itself- Title VII- not with the city’s actions, nor the judges’ rulings on the case.
The city, as well as the trial court, and most especially the 2nd U.S. Court of Appeals, were simply following the applicable law.
Most would agree, whenever possible, it is important that a judge apply the already-written law(s) when making a ruling, and follow the constitution to its letter. Generally speaking, it is inappropriate for a judge to disregard current laws in making a decision on a case. The law is the law, no one is above it, and if a law exists when a case is heard, that law must be followed.
This is exactly what Judge Sotomayor did when ruling against Frank Ricci of the New Haven Fire Department. Her ruling was a direct result of her following an already existing law.
Period.
The 2nd U.S. Court of Appeals was not the appropriate venue to fight the merits of Title VII, and whether or not the law lends itself to the creation of reverse discrimination. Judge Sotomayor was charged with making a decision based on the laws that are already in place- and determining whether the original trial court had correctly utilized the applicable law in making its ruling.
So that’s exactly what she did, and did so using the strong legal precedent that had already been set by her court, her jurisdiction- the 2nd U.S. Court of Appeals.
As the GOP knows all-too-well, for Judge Sotomayor to have ruled any other way, her decision would have amounted to Judicial Activism.
Ironically enough, many key Republicans have voiced concerns over Sotomayor, claiming that they are worried she may be a Judicial Activist.
Funny, considering how up-in-arms these same people are today as a result of her refusing to do just that in the New Haven case.
Judicial Activism occurs when a judge legislates from the bench. Typically, it is a judge’s responsibility to apply applicable law- using legal precedent- in making his/her rulings. Creating new laws is the responsibility of Congress- the Legislative Branch of government. When a judge attempts to circumvent written law, he/she is called a Judicial Activist.
Some famous cases involving judicial activism include Dred Scott, Roe v. Wade, Brown v. The Board of Education and Plessy v. Ferguson. While landmark cases for sure, their rulings were the response to scenarios in which no previous legal precedent existed, and so judges had no applicable law to fall back on. Therefore, they had to interpret the Constitution, resulting in a ruling that in effect created its own legal precedent for future cases to utilize.
Generally speaking, I am no fan of Judicial Activism. I think the law is in place for a reason, and if I disagree with a law, the proper venue for me to express my dissatisfaction is with my congressional representatives. They are the people charged with making the laws, while judges are responsible for upholding them, as written.
I don’t know how I feel about the New Haven case.
I sympathize with Frank Ricci. I learned, while researching this case, that he is dyslexic, and had to work exceptionally hard to pass the test- let alone score as highly as he did.
However, I also sympathize with any hard-working minority, who as the result of a racially-skewed test, is effectively shut out of a promotion process that he or she deserves to be a part of as much as anyone else.
Overall, I am happy that a law such as Title VII is on the books, and I’m happier that it’s a federal law. To me, any law that makes discrimination illegal in all 50 states certainly has its merits.
If anyone, I fault the city of New Haven in this case. Had they come up with a non-biased test to begin with, both Frank Ricci and any other qualified employee would have been promoted… and everyone would be happy. I applaud the city for taking the steps necessary to correct its error by throwing out the test, but I mourn the casualties such an action created. Sometimes the right thing to do is not the easy thing to do… and sometimes when we make mistakes- even honest ones- it’s the innocent bystanders that are hurt the most.
Frank Ricci, it seems, has suffered quite a bit, as have other hard-working minority fire fighters. Every last one of them deserved a chance at bettering themselves… and yet all of them have suffered greatly.
Representative Wilson Falsely Claims Obama Lied… Will You Stand With Joe?
Representative Joe Wilson from South Carolina sure did cause a stink Wednesday evening.
Wilson was the guy who famously hollered, “You lie!” in the middle of the President’s speech about health care reform to the Joint Sessions of Congress Wednesday night. Obama was in the process of addressing a pesky falsehood about the health care bill, one stating that should the legislation pass, illegal immigrants will be offered free, government-sponsored health insurance. Mr. Wilson decided he wasn’t going to let the facts deter him, even though this particular myth has already been debunked by just about everybody.
The current legislation, in each and every version that is being debated, states unequivocally that credits for coverage will not be extended to any persons who are not legally residing in this country. According to Politifact’s Bill Adair, the bill (H.R. 3200), goes to great lengths to make sure that “illegal immigrants do not get the credits for the health care exchange that would allow them to get free care”.
How ironic that in the process of trying to tell the world that President Obama is a liar, Rep. Wilson was, himself, perpetuating one helluva whopper.
Ah, politics at its finest.
The only reason I stop short of calling Joe Wilson a liar is because I am unsure of his motives. Afterall, I have no way of knowing whether he really believes the nonsense he’s spewing. Nor do I know if he’s consciously spreading false claims, caring not the slightest about honesty and decency, all in an effort to simply keep the bill from passing.
I would argue, however, that it doesn’t matter.
The fact remains that one of South Carolina’s elected officials willfully and knowingly openly disrespected the President of the United States during a formal speech.
This was not some informal townhall gathering in local Mayberry, USA. The yahoos who lack the common decency to respect the President when he is speaking were not supposed to be in attendance Wednesday night. That the people who do not know how to temporarily hold their tongues and allow the Leader of the Free World to speak, uninterrupted, have joined the ranks as politicians- Congressional representatives, for God’s sake- is disheartening. I expect them to behave better than this, even as they oppose the subject that is being spoken of.
Representative Wilson certainly has bad manners.
Politicians, pundits, and talk show hosts alike have ample opportunity twenty four hours a day, seven days a week to express their displeasure on anything and everything. Whether that displeasure stems from the recent actions of the President, fellow politicians, celebrities or just some Joe The Plumber type guy they happened to run into one day, there are plenty of appropriate venues in which to express oneself.
This is the age of technology, after all.
Wilson could have taken his grievance public by putting thinking cap on and writing a blog. He could have written an open letter, printed in any number of news publications, to the President to voice his displeasure. He could have called just about anyone over at Fox News and been welcomed on their airwaves and into our living rooms with open arms. He could have called a press conference to discuss his issues. He could have put a scathing statement expressing his displeasure on his website. Or he could have sent out a mass e-mail telling the thousands of folks who are no doubt on his mailing list exactly how he feels.
Actually, now that I’m thinking about it, isn’t that what Twitter and Facebook are for? Those two websites have worked wonders for Sarah Palin, after all.
In fact, not only could he have done all of these things, he could have done them all simultaneously.
Instead, our esteemed member of Congress, hailing from the great state of South Carolina, chose to make an ass out of himself on national television by rudely interrupting the President in a bizarre outburst that truly accomplished nothing more than making him look unhinged.
He has been forced to apologize- twice now- and while Democrats were predictably outraged by Wilson’s actions, even Republicans have soundly given him the ol’ smack upside the head for using such terrible judgment.
It doesn’t appear that his outburst had any sort of negative effect on the speech itself. In fact, early numbers show that after watching Obama speak Wednesday night, Americans are beginning to change their mind about the health care bill.
While health care support was inching up, the President’s approval ratings were doing the same- the President realized a double digit jump, even as Joe Wilson’s popularity plummeted.
In fact, Wilson’s likely opponent in 2010, Rob Miller, raised an astounding $350,000 for his campaign in less than 24 hours after Mr. Wilson’s unfortunate gaffe.
Stepping neatly into the role of victim, Joe Wilson is claiming that he is being punished for speaking out against the “critical issue of healthcare”. He is begging his supporters to send him money, and “Stand with Joe”.
How sad.
Representative Wilson is not in trouble for speaking his mind. He is in trouble for his appalling lack of manners and respect. He is in trouble for lacking the self-control to keep his temper in check while the President of the United States was speaking. Most importantly, it was his own actions, his own words, his own bad timing that got him into trouble. Had he kept his mouth shut for the short time Obama was speaking, it never would have been necessary for him to apologize, or answer calls for his censure to begin with.
Poor Joe.
Posted by C Haze on September 10, 2009 in Barack Obama, Blogging, Comments, Congress, Current Events, Democrats, Elections, Fox News, Healthcare Reform, House of Representatives, Joe the Plumber, Joe Wilson, Life, News, Politics, President, Republicans, Sarah Palin
Tags: Barack Obama, Congress, Current Events, Democrats, Fox News, GOP, House of Representatives, Joe Wilson, Joint Sessions of Congress, Life, News, Obama, Politics, President, Republicans, Sarah Palin, Senate, South Carolina, Speech