The Democratic Dream Team: Reid, “Wise Latinas” & Al Franken
By Charlie Hastings
BeatReid.com
Wednesday, July 1, 2009
Reaction to the Supreme Court ruling overturning Sonia Sotomayor and two other judges’ ruling on the discrimination case involving 20 Connecticut fire-fighters has fallen right along party lines. Democrats (and liberals) who normally trumpet the cause of equal rights and civil liberties seem to have reverted to another agenda, that of political correctness. And this case involves the rights of Caucasian men, which are trumped by P.C. politics every time.
Twenty men, 19 white and one Latino passed an exam required for promotion within the fire department of New Haven, CT. Out of fear of being tangled up in a discrimination suit the city denied the subsequent promotions because no other minorities scored well enough to qualify. The firefighters themselves sued in response to the denial and lost. Three judges served on the panel, including Supreme Court nominee Sonia Sotomayor. Critics of the ruling faulted Sotomayor for dispensing a perfunctory ruling that did not discuss the merits or the precedents of the case. They argued this was an intentional move calculated to bury the decision and dodge the controversial issues it raised.
Senator Patrick Leahy (D-Vt) explained it this way, “They did what judges are supposed to do, they followed precedent. [It's an example of] judicial restraint.”
The case then went to the United States Supreme Court, which ruled 5 to 4 overturning the original Connecticut ruling. Supreme Court Justice Anthony Kennedy wrote “Fear of litigation alone cannot justify an employer’s reliance on race to the detriment of individuals who passed the examinations and qualified for promotions. The city’s discarding the test results was impermissible under Title VII.” The four remaining majority justices joined the opinion, Chief Justice John Roberts among them.
Supporters of the decision commend the judicial system’s recognition that sometimes following a legal precedent has deleterious affects that outweigh the traditional benefits.
Among the four dissenting justices were Ruth Bader Ginsburg and David Souter, who is to be replaced by Sotomayor if confirmed. Ginsburg stated of the winning firefighters that they “understandably attract the court’s empathy. But they had no vested right to promotion and no person has received a promotion in preference to them.”
So, according to Ginsburg, performing well enough on an exam required for promotion in no way entitles one to that promotion. Wendy Long of the Judicial Confirmation Network put it this way; “It’s just one more data point that she thinks it’s OK to make decisions as a judge based on your own personal preferences, gender, race, background, political agenda — instead of being a servant of the law.”
It’s not totally unreasonable for the city to react out of fear of a discrimination suit; if anyone not passing the examination believes it to be racially biased the option to file a lawsuit is always available. They can then bring the exam itself into evidence and attempt to show the court the details of its flaws, if any exist.
Sotomayor has come under considerable scrutiny following her recent nomination to the Supreme Court by President Barack Obama. The debate in congress has predictably fallen along party lines. Supporters laud her commitment to diversity and equality among races and genders. They contend that the recent action of the Supreme Court overruling her decision in the firefighter case will have no detrimental affect on confirmation. Given the democratic majority in the Senate, Sotomayor’s confirmation process is almost a mere formality.
Sotomayor’s detractors, however, see it another way. They maintain that her long time championing of racial diversity has a darker side to it. She’s been harshly excoriated for past comments, including this one comparing the wisdom of Latinas and whites.
“I would hope that a wise Latina woman with the richness of her experiences would more often than not reach a better conclusion than a white male who hasn’t lived that life.” In another statement, perhaps a slip up, she said “a court of appeals is where policy is made.” She quickly followed that with a verbal retraction.
In remarks made at Berkeley back in 2001, which were published by the Berkeley La Raza Law Journal, she said “Whether born from experience or inherent physiological or cultural differences, our gender and national origins may and will make a difference in our judging.” Conservatives assert that these statements betray Judge Sotomayor’s sagacity, and reveal a racial and gender bias that disqualifies her for a seat in the nation’s highest court.
In other news regarding the Democratic Party, the Minnesota State Supreme Court ruled Tuesday in favor of Al Franken, affirming his victory over Norm Coleman in the race for that state’s available senate seat. The victory comes as a result of a surge in democratic esteem brought on by George W. Bush’s unpopularity and poor score on the Iraq war and the economy. Al Franken is famous for his buffoonery in Saturday Night Live and failed left-wing radio talk show. His victory must come as bitter medicine, not to mention total astonishment to Republicans. Franken gives the Democrats a crucial 60-40 vote majority which could spell the end of a GOP filibuster. Harry Reid, the Senate Majority leader, showed his usual enthusiasm for all things Democrat when commenting on Franken:
“He will play a crucial role as we work to strengthen our economy, ensure all Americans can access and afford quality health care, make our country more energy independent, confirm the president’s outstanding nominee to the Supreme Court, and tackle the many other challenges we face.” He could place a crucial role in changing the business landscape of America. Apparently, Franken has the opinion that labor unions have been unduly despoiled of their god-given political power. He intends to support legislation called “Card Check”, currently stalled in the Senate that would make it easier for labor unions to organize in the workplace.
Actually, Norm Coleman can still appeal the Minnesota ruling in the United State Supreme Court if he wishes. One can only wish him luck, because he’ll need lots of luck if Sotomayor get nominated. He’ll have to stand in line behind legions doing battle with oppressive labor union bullies legitimized by Al Franken and Card Check.
We have what amounts to a democratic Dream Team in Washington with Harry Reid, Al Franken and soon-to-be Justice Sotomayor covering their flanks in the court. A filibuster-proof majority and Nancy Pelosi at the helm in the House of Representatives could wreak real havoc on the well being of all Americans. Remember, though, that hope lives on. Harry Reid is due for re-election, and hopefully un-election in 2010. There is still time to focus on getting him out of office by rallying behind a solid candidate. We need to get rid of Reid: Doing so will tip the balance of power toward the right and help to countervail the Democratic majority.
Sources:
http://www.foxnews.com/politics/2009/06/04/white-house-delivers-sotomayors-writings-records-senate/
http://www.cnn.com/2009/POLITICS/06/05/sotomayor.speeches/
http://news.yahoo.com/s/time/20090701/us_time/08599190793700
http://www.businessinsurance.com/article/20090629/NEWS/906299994
http://www.nytimes.com/2009/05/15/us/15judge.html
http://money.cnn.com/news/newsfeeds/articles/djf500/200906301508DOWJONESDJONLINE000573_FORTUNE5.htm
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