Sponsored Content
« Supreme Court Overturns J. Sotomayor in Ricci v. DeStefano | Main | Hey, Anyone Remember Iraq? US Forces Are Officially Pulling Out Of Cities Today »
June 29, 2009

Okay, One More Thing on Ricci

Justice Ginsburg chose to read her dissent aloud this morning, something she does in cases she particularly feels have been wrongly decided.

There is still quite a gap between Right and Left when it comes to race issues. One side has firmly grasped the concept that discrimination on the basis of race is a bad thing in all circumstances. The other believes that discrimination is regrettable but necessary. The problem with this second view--the Left's view--is that the "necessary" justification never ends.

Says the Left: we must discriminate in favor of some groups because they were discriminated against in the past. Well, okay, but how long is the Left gonna ride that horse? Justice O'Connor, writing in a law school admissions race discrimination case six years ago, thought that the use of racial preferences wouldn't be necessary in twenty-five years. Twenty-five years! How did she pick twenty-five years? We will never know. It was, however, a safe bet that she would be long off the scene by then and so not resposible if the anticipated Day When Discrimination is Not Necessary never appears.

That was Justice O'Connor. Justice Ginsburg, even further to the Left on race issues, was not willing to even to go that far. Today it shows again, as she casually discards an objective test for promotion in favor of subjective measures of "command presence" which can result in more defensible decisions based on race. The objective test stands in the way of her preferred result, so it has to go. It is a "flawed test", not because of any proven deficiency in the exam, but because it fails to provide the necessary result.

Wise Latina Overruled 9-0? [ace]: Ed Whelan at Bench Memos argues the decision is actually 9-zip against Sotomayor -- because even Justice Ginsburg says (though only in a footnote) that the appellate court should have remanded the case back to the district court, not summarily affirmed the lower decision.


digg this
posted by Gabriel Malor at 11:06 AM

| Access Comments




Recent Comments
My Life is Insanity : "Pixy is up ..."

Pixy Misa: "Top 20 for sure. ..."

Wolfus Aurelius, Dreaming of Elsewhere [/i] [/b]: "Top 10? ..."

My Life is Insanity : "Mornin' again, all ..."

JQ: "Fentanyl. Ugh. Narcotic. (Opioid, what a stoopid w ..."

My Life is Insanity : "Same, Skip. Been awake for 30 minutes, laying her ..."

JmT: "Once awake start thinking of everything I need to ..."

Skip: "Once awake start thinking of everything I need to ..."

JmT: "Fentanyl? What is it? We've been told it kills. Lo ..."

JQ: "While in Japan (early 80s) saw a life-sized Pink P ..."

Farmer: "Later start now, shouldn't be up yet Posted by: S ..."

Puddleglum: "https://youtu.be/nVhNCTH8pDs (Sips beer) 80s ..."

Recent Entries
Search


Polls! Polls! Polls!
Frequently Asked Questions
The (Almost) Complete Paul Anka Integrity Kick
Top Top Tens
Greatest Hitjobs

The Ace of Spades HQ Sex-for-Money Skankathon
A D&D Guide to the Democratic Candidates
Margaret Cho: Just Not Funny
More Margaret Cho Abuse
Margaret Cho: Still Not Funny
Iraqi Prisoner Claims He Was Raped... By Woman
Wonkette Announces "Morning Zoo" Format
John Kerry's "Plan" Causes Surrender of Moqtada al-Sadr's Militia
World Muslim Leaders Apologize for Nick Berg's Beheading
Michael Moore Goes on Lunchtime Manhattan Death-Spree
Milestone: Oliver Willis Posts 400th "Fake News Article" Referencing Britney Spears
Liberal Economists Rue a "New Decade of Greed"
Artificial Insouciance: Maureen Dowd's Word Processor Revolts Against Her Numbing Imbecility
Intelligence Officials Eye Blogs for Tips
They Done Found Us Out, Cletus: Intrepid Internet Detective Figures Out Our Master Plan
Shock: Josh Marshall Almost Mentions Sarin Discovery in Iraq
Leather-Clad Biker Freaks Terrorize Australian Town
When Clinton Was President, Torture Was Cool
What Wonkette Means When She Explains What Tina Brown Means
Wonkette's Stand-Up Act
Wankette HQ Gay-Rumors Du Jour
Here's What's Bugging Me: Goose and Slider
My Own Micah Wright Style Confession of Dishonesty
Outraged "Conservatives" React to the FMA
An On-Line Impression of Dennis Miller Having Sex with a Kodiak Bear
The Story the Rightwing Media Refuses to Report!
Our Lunch with David "Glengarry Glen Ross" Mamet
The House of Love: Paul Krugman
A Michael Moore Mystery (TM)
The Dowd-O-Matic!
Liberal Consistency and Other Myths
Kepler's Laws of Liberal Media Bias
John Kerry-- The Splunge! Candidate
"Divisive" Politics & "Attacks on Patriotism" (very long)
The Donkey ("The Raven" parody)
Powered by
Movable Type 2.64