Posted on April 19, 2009. Filed under: News And Politics... |


UPDATED:  Tuesday, June 2, 2009 10:37 AM (My original post follows my updates)

How ironic that Obama’s choice for the Supreme Court, Sonia Sotomayor, may be hearing the very case that she voted against.  I touched upon this case in a previous post:


Here’s an older story that includes pertinent info, including the test scores…

Here’s a recent story from the Hartford Courant that focuses along those same lines…

The video shows Obama pleading Sotomayor’s case, but in spite of the Obama pull, I don’t see this as an open-and-shut case, but then again, Obama got into office with a lot of controversy under his belt, along with a bus-load of money and promises to supporters.
"Sotomayor tried to bury these claims and had it not been for Judge Cabranes’ extraordinary dissent exposing what was going on, she would have succeeded," said Ed Whelan, a former law clerk to Supreme Court Justice, Antonin Scalia, and now president of the Ethics and Public Policy Center in Washington.  I pray that there’s another Cabranes-type to see through the biased views of Sotomayor should she end up in the Supreme Court.
How can these white firefighters have a fighting chance when we have a person in the White House who recently nominated a racist to the Supreme Court (who voted against these same firefighters) and who speaks like this…
Here’s a video from CNN about this case…
God help these firefighters…

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UPDATED:  Wednesday, April 22, 2009 4:44 PM

Supreme Court to Hear White Firefighters’ Case on Affirmative Action
Fox News
Wednesday, April 22, 2009 

WASHINGTON —  The Supreme Court hears arguments today in a Connecticut firefighters’ civil rights case that has the potential to change hiring practices nationwide.

The court will weigh whether New Haven’s decision to scrap a promotion exam because too few minorities passed violates the civil rights of top-scoring white applicants.

The discrimination lawsuit was brought by 20 white firefighters — one also is Hispanic.

The city argues going ahead with the promotions based on the test results would have risked a lawsuit claiming the exams had a "disparate impact" on minorities.

A federal appeals court in New York upheld a lower court ruling dismissing the lawsuit.

Business interests worry that a decision in favor of the firefighters would force employers to choose whether to face lawsuits from disgruntled white or minority workers.

The court also issues decisions today.

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This has been going on for a long time…
Here are just a couple of unrelated, prior stories with the same complaint, and there are plenty more:
Here we go with another "Black Eye" against white people.  This week, the Supreme Court will consider the reverse discrimination claim of Matthew Marcarelli and a group of white firefighters.  They all passed a promotion exam, but the city threw out the test because no blacks would have been promoted, saying the exam had a "disparate impact" on minorities likely to violate the 1964 Civil Rights Act.  Hmmm…  Is it unequal because it’s too equal?  It is dispicable that in the year 2009 this is still going on.  I have blogged about this very subject many times and I have to tell you, it’s getting old.  Affirmative action may have been necessary in the 60s, 70s and 80s, but in today’s world, blacks and minorities have a lot more rights than whites do.  That’s a fact.  I feel bad for what happened to blacks in the past, but why should we pay for our ancestors’ poor judgment by cowering to blacks over 100 years later?  The ancestors of blacks weren’t the only people mistreated.  A lot of people from different ethnic backgrounds have their own sad story to tell.  The problem is, everyone grew up and moved on, but the blacks are still living in the pre-civil war days, still crying about slavery and racism.  It’s time for them to take responsibility for themselves and study to get ahead like the rest of us have to.
I’ll tell you, if this were me, I wouldn’t stop fighting until justice was served.  Since when is civil rights only for blacks?  Civil rights are for all Americans.  If the race card doesn’t work, use the civil rights card or the "poor me" card…anything to get something for nothing!  My family has gone through many, many tough times, as I’m sure your families have as well, but because we’re white, we all had to tough it out and move on.  Do you know what happened to all of us?  We survived, and we all made something of ourselves, and we didn’t use dishonest means to attain our goals either.  Maybe if our culture would let people fail, it would make them that much stronger.  I remember when I was about 6 or 7, we had just moved and some big girl started picking on me at school.  I went home crying to my mother.  Did she immediately go to the phone and call this girl’s parents or call 911?  No!  She told me, and this is verbatim…"If you don’t go out there and beat the s*#& out of her, when you come home, I’m going to beat the s*#& out of you!"  I went out there, found the girl who outweighed me and was a whole head taller and I punched her until the anger was gone.  That instilled a lot of confidence in myself.  We became friends after that.  Oh, I had fights after that one, but I never backed down from them and I always gave it my best shot.  That’s one thing I will always be grateful to my mother for.  She made me a very strong woman.  A lot of today’s kids are a bunch of babies.  Even in little league sports where "there are no losers", this is setting kids up for a big fall.  In the real world, there are winners and there are losers, and they should learn this lesson early.
These white firefighters studied hard and learned their trade, and they should have been rewarded with a promotion.  Because blacks scored lower, the test is being thrown out.  How are their lower scores the fault of white people?  Since when do white people have to take two steps back so that blacks can take four steps forward in the name of "equality" by being rewarded for something that they didn’t accomplish?  What scale are they using?  It sure isn’t the scale of justice!   The way I see it, in order for a job to be earned, it should be learned.  I’m all for blacks climbing to the top of the ladder, but I don’t think they should push anyone off the ladder to get there.  They should work their butts off like we all do in order to attain our goals.
I’m sure this story will ignite more racial tension in America.  When Obama was elected, I thought it proved once and for all that whites are not racists.  As I stated in a previous post, more white people voted for Obama than black people voted for McCain, so who are the racists here?  Granted, not all blacks would stoop so low as to hide behind the race card or the government in order to get preferential treatment, but a lot do.  This situation is highly unethical.  America is all about "If you work hard, you will reap the benefits", but sadly, that’s not the America we have today.  If you’re black, though, you can get ahead just because you are black…affirmative action at its worst!  Middle-class white males deserve the same civil rights protection as any other ethnic group.
If you look at the bigger, more serious, picture, and the court does throw out this reverse discrimination case, you will have some black clueless firefighter giving orders that he doesn’t even know himself, endangering not only the lives of his fellow firefighters, but the lives of everyone he comes in contact with on his job.  If he doesn’t know his job as a firefighter, he certainly won’t know his job as their boss.  The blacks that failed their tests should have to accept their fate, for if people are allowed to fail, they will eventually prevail… 

Reverse Discrimination Case Could Transform Hiring Procedures Nationwide

NEW HAVEN, Conn. —  Inside a burning building, fire doesn’t discriminate between Matthew Marcarelli and Gary Tinney. Inside the New Haven Fire Department, however, skin color has put them on opposite sides of a lawsuit that could transform hiring procedures nationwide.

This week, the Supreme Court will consider the reverse discrimination claim of Marcarelli and a group of white firefighters. They all passed a promotion exam, but the city threw out the test because no blacks would have been promoted, saying the exam had a "disparate impact" on minorities likely to violate the 1964 Civil Rights Act.

Besides affecting how race can be considered in filling government and perhaps even private jobs, the dispute also addresses broader questions about racial progress: Do minorities and women still need legal protection from discrimination, or do the monumental civil rights laws that created a more equal nation now cause more harm than good?

Also, beneath the specific details of the firefighters’ lawsuit lies an uncomfortable truth: On most standardized tests, regardless of the subject, blacks score lower than whites.

Reconciling that reality with efforts to ensure "justice for all" remains a work in progress — one that will be molded by the Supreme Court.

New Haven’s population is 44 percent white, 36 percent black and 24 percent Hispanic (who can be any race). At the time of the 2003 test, 53 percent of the city’s firefighters, 63 percent of lieutenants and 86 percent of captains were white. Blacks were 30 percent of the firefighters, 22 percent of lieutenants and 4 percent of captains.

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.

Tinney, a black lieutenant who has been a firefighter for 14 years, was seeking a promotion to captain when he took the exam.

He says both the test and his fire department have hidden biases against minorities: The department is historically white, with the first blacks joining in 1957, and jobs, relationships, knowledge and choice assignments are passed on from friend to friend and generation to generation.

"I just call it ‘the network,"’ Tinney says.

The white firefighters’ attorney, Karen Torre, said they would not be interviewed for this story. In a conversation on Fox News’ "Hannity" program, Marcarelli said it was "gut wrenching" to learn that he was No. 1 on the test but would not get promoted.

"It’s something that shakes what you believe in. Because you believe if you work hard, you’re rewarded for that, and that’s not necessarily the case," Marcarelli said.

Torre said whites have no special advantage in promotions because of laws requiring use of a race-blind, score-based system. She added that many blacks have relatives on the force, including high-ranking officers.

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.)

The exams were designed by a professional testing firm that followed federal guidelines for mitigating disparate racial outcomes, the plaintiffs say.

But after the results came back, the city says it found evidence that the tests were potentially flawed. Sources of bias included that the written section measured memorization rather than actual skills needed for the jobs; giving too much weight to the written section; and lack of testing for leadership in emergency conditions, according to a brief filed by officers of the Society for Industrial and Organizational Psychology.

"I’m sure there are numerous reasons why (blacks didn’t do as well), and not because we’re not as intelligent," Tinney says. "There’s a lot of underlying issues to that … these folks are saying, ‘We studied the hardest, we passed the test, we should be promoted.’ But they’re not talking about all the other things."

Torre argues that discarding a test because no minorities would have been promoted violates the equal protection clause of the U.S. Constitution and Title VII of the Civil Rights Act, which forbids discrimination because of race.

Call it a legal riddle only the Supreme Court could solve: The white firefighters say Title VII prohibits discrimination against them for being white; New Haven says Title VII prohibits it from using a test that has a disparate impact against blacks.

"All were afforded the same notice, the same study period, the same exam syllabi, etc.," said Torre, who would only answer questions by e-mail. "The rest was up to the individual."

There are long-standing divisions over the concept of hardworking, qualified whites being "victimized" by laws or practices designed to help minorities overcome America’s history of racism. What’s different today is that the landscape has shifted in many ways, big and small.

The biggest is the election of President Obama, and the support he received from millions of white voters.

"It is not white racism that plays the deciding role in the success of minorities any more," says Edward Blum, a visiting scholar at the American Enterprise Institute who believes that race should not be considered in employment decisions.

"That was the case in the ’60s and ’70s and maybe even part of the ’80s," he says. "But it is no longer the case in the 21st century that because you are black you are being held back from achieving what your parents and your ambitions will allow you to achieve. I think that has been crystallized with the election of President Obama."

Obama’s election has been a boon to the movement that developed years ago seeking to reshape civil rights laws designed to remedy discrimination.

Besides the firefighters’ lawsuit, the Supreme Court will soon hear a case seeking to overturn a Voting Rights Act requirement that all or parts of 16 states with a history of discrimination must get approval from the Justice Department before changing election procedures. And in 2007, the court struck down voluntary integration plans in two public school districts.

Even though it may result in less opportunities for qualified minorities, "the use of race does greater harm to our social fabric by being there than by being eliminated," Blum says.

Another major shift has been in the balance of the Supreme Court. Conservatives gained a 5-4 majority during the Bush administration, although Justice Anthony Kennedy is seen as a potential swing vote.

In Chief Justice John Roberts’ majority opinion in the 2007 school ruling, one line rang loudest: "the way to stop discrimination on the basis of race is to stop discriminating on the basis of race."

That statement was seen as a harbinger of future rulings that would end the use of race in employment, voting and awarding government contracts. It also rebutted a famous statement by Justice Harry Blackmun in the landmark Bakke affirmative action case: "In order to treat some persons equally, we must treat them differently."

Mary Frances Berry, a history professor at the University of Pennsylvania and head of the U.S. Commission on Civil Rights during the Clinton administration, said the firefighters’ case has broad implications.

"This is about whether we are going to see a sea change in how the judiciary looks at the need for these (protections), and how the popular culture and electoral politics influence their perceptions," Berry said.

The Obama administration has said such laws are needed and it is committed to enforcing them. The Justice Department’s brief in the firefighters case supports New Haven’s position that the city acted properly in throwing out the tests.

But in what many call a political maneuver designed to avoid taking sides, the Justice Department stopped short of saying the firefighters’ case should be dismissed, instead recommending that it be remanded to a lower court to determine if city’s decision was a pretext for intentional discrimination.

Polls show varying levels of support for affirmative action programs.

In an AP-Yahoo poll conducted in December 2007 through January 2008, one-quarter of respondents favored affirmative action programs and 37 percent opposed them. Another 36 percent neither favored nor opposed them.

A September 2007 Pew poll, which did not give people the option to say they had no opinion, found that 46 percent of people said they favored affirmative action programs that give special preferences to qualified blacks in hiring and education, while 40 percent opposed such programs.

Last November, Colorado voters became the first in the nation to reject a ban on state affirmative action programs. Similar measures have been approved in Nebraska, California, Michigan and Washington.

Supreme Court observers predict the firefighters’ lawsuit will be decided by a 5-4 margin, with Justice Kennedy casting the deciding vote.

His past decisions give hope to both sides.

In the recent Voting Rights Act decision that made it harder for some minority candidates to win election when voting districts are redrawn, Kennedy wrote in the majority opinion that "racial discrimination and racially polarized voting are not ancient history. Much remains to be done to ensure that citizens of all races have equal opportunity to share and participate in our democratic processes and traditions."

"It would be an irony, however," Kennedy continued, if civil rights laws were used to "entrench racial differences."



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I have to agree with you because where I use to live, firefighter told me his friend didn\’t get hired because they needed to have some minorities to keep the balance.that is not right.another thing I saw on tv was a young boy who commited suicide,because he was getting bullied at school.It is not the same these days as it was in the 70\’s.the kids these days will try to hurt you so bad ,you need to get medical attention.they are getting out of hand.some do not have any morrals or respsct anymore.we had bad kids back then too,but not like today.they go to the extreme.I realy feel for the parents,family and friends.of this feared boy.who could not cope with this.what is this world coming to. by the way ,I liked the helping hand picture of the little boy and the dogs.that had to of made people smile.you are always so thoughtful.thank you for putting a smile on my face too marg.


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