Supreme Court has reversed the Appeals Court decision in Ricci, 5-4.
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Replies to: Supreme Court has reversed the Appeals Court decision in Ricci, 5-4.
The Supreme Court got it right...and I like the way they legislate from the bench, too!
In "certain, narrow circumstances" after tests are given, Kennedy wrote in the majority opinion, employers may discard the results if they can demonstrate "a strong basis in evidence" that using the results would cause them to lose a disparate-impact suit.
This "strong basis in evidence" standard...it doesn't appear anywhere until now. The fact of the matter is that the Supreme Court always has and always will spell out new standards and tests that don't exist in any statute...and about 80-90% of the caterwauling over the Supreme Court being a "superlegislature" or "activist" is selective whining that turns a blind eye to the superlegislating and activism that occurs when it's to the liking of those who complain about the Supreme Court.
Like I said, nobody on the bench is a strict constructionist.
The Scalias of the judicial world only quote the Constitution chapter and verse if it happens to agree with their political ideology. Otherwise, they fudge like everybody else.
The score is really 8 - 5.
Knute:
There is a saying in the legal profession, "the Supreme Court is not always right but it is always last". Thirteen Judges and Justices looked at this case. Four Supreme Court Justices, three Court of Appeals Judges and one District Judge ruled in favor of the Defendants. Five Supreme Court Justices ruled in favor of the Plaintiff. In reality Justice Kennedy made the decision as he almost always does in these politically charged cases.
Tom
I'll take meaningless statistics for $500, Alex.
Ginsburg, in her dissent, wrote:
"Until this decision, Ginsburg said, the civil rights law's prohibitions on intentional discrimination and disparate impact were complementary, both aimed at ending workplace discrimination.
"Today's decision sets these paired directives at odds," she said.
Unless an objective of the law is to ensure that NO ONE suffers from racial discrimination. They made the right decision. Are you even disagreeing with that Tom?
And it really is all about keeping score...facts of the case and fundamental fairness be damned.
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I want to read that minority opinion...
...talk about morons.
With her 60% reversal rate, she gets it wrong more times than not. Justice is not a Hispanic Latina.
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Link: Fuck Sotomayor and grievance politics
If Sotomayor is politically the opposite of the SC majority, isn't a 60% reversal rate assumed?
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No. Because most SC decisions are not "ideological". Most are based on legal interpretation...
and don't necessarily reflect the political sentiments of those on the Court. By your way of thinking, most SC decisions would be 5-4 or so, and I don't believe that is the case.
If it is about political ideology it is 4 on the left, 4 on the right and J. Kennedy in the middle.
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Isn't strict constructionism vs. a living constitution in and of itself an ideological argument?
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Somewhat, but not all of the SC's cases are constitutional. Many are statute interpretation.
And while there is an "originalist" aspect to those matters, it is much less "ideological" than the issue of a "living constitution".
So, a Supreme Court with a few "Sotomayors" would uphold New Haven's intentional discrimination?
Three cheers for Latina "wisdom".
No, it means she's an idiot.
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I'm pretty sure she's not
No matter your feelings on her politics, the woman is a genius. Anyone who gets appointed to the Supreme Court is a freaking genius. I think Scalia is one of the most reprehensible people on Earth, but the man's legal mind is amazing.
This is classic
coming from the George Bush is a moron crowd
Never said that
Don't lump me in. I respect the office and the man. I disagree with him.
A genius? It is a political appointment. They needed a wetback female. End of story. The males on
the Court can be described as geniuses, or at least the white ones. There's actual competition for those jobs. The females - they should thank their lucky stars for their vaginas.
