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Thread: US SCt Rules for Ricci; against City of New Haven

  1. #10
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    Default Re: US SCt Rules for Ricci; against City of New Haven

    Quote Originally Posted by UGLY View Post
    Living in reality allows those lines to be seen. The news was saying the decision came from the conservative members of the court.

    Where was "the news" last week when the court ruled 8-1 against the Safford school district on the strip search case, or 8-1 to uphold the voting rights act? In the accounts I read, they couldn't even name the dissenting judge (it was Thomas). Some people apparently don't know what to think if decisions are not marked liberal or conserative.
    Last edited by matclone; 06-29-2009 at 06:05 PM.

  2. #11
    World Champ ODH's Avatar
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    Default Re: US SCt Rules for Ricci; against City of New Haven

    Quote Originally Posted by matclone View Post
    ....

    In Monday's ruling, Justice Anthony Kennedy said, "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."

    In dissent, Justice Ruth Bader Ginsburg said the white firefighters "understandably attract this court's sympathy. But they had no vested right to promotion. Nor have other persons received promotions in preference to them."
    I llike Kennedy's thinking. Tooften we hear that a company or township is acting a certain way because it is afraid of litigation.
    My other thought is that this part of Ginsburg's opinion sounds like the conservative stance.

    Finally, this case was supposed to be a quasi-referendum of Sotomayer, since she was on the appellate court involved in the case. Maybe one of the reason for the aggressive dissents. Either way

  3. #12
    Super Moderator UGLY's Avatar
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    Default Re: US SCt Rules for Ricci; against City of New Haven

    Quote Originally Posted by matclone View Post
    Where was "the news" last week when the court ruled 8-1 against the Safford school district on the strip search case, or 8-1 to uphold the voting rights act? In the accounts I read, they couldn't even name the dissenting judge (it was Thomas). Some people apparently don't know what to think if decisions are not marked liberal or conserative.
    I was only pointing out that I am not the only one who sees the tendencies of the justices liberal or conservative.

    The difference in the dissent and the decision were interesting though. Kennedy says that the state can not do this based on a fear of getting sued

    In the dissent Ginsburg says that there was no discrimination present.

    That would lead me to believe that there was some debate on the racial question and they decided not to rule on this case using that factor.

  4. #13
    Super Moderator UGLY's Avatar
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    Default Re: US SCt Rules for Ricci; against City of New Haven

    Quote Originally Posted by ODH View Post
    I llike Kennedy's thinking. Tooften we hear that a company or township is acting a certain way because it is afraid of litigation.
    My other thought is that this part of Ginsburg's opinion sounds like the conservative stance.

    Finally, this case was supposed to be a quasi-referendum of Sotomayer, since she was on the appellate court involved in the case. Maybe one of the reason for the aggressive dissents. Either way

    I agree with what you have said.

    Sotomayor has a poor record with the supreme court and even Ginsburg was disappointed it seemed that the appellate court did not even hear the case. I think it indicates that Sotomayor has poor judgement when she is overturned time and again. Many of her cases overturned were based on bad decision making.

  5. #14
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    Default Re: US SCt Rules for Ricci; against City of New Haven

    The appellate court did hear the case, as did the district court case before that. With respect to Sotomayer, the present case shows, at the least, that it was closely contested at the Supreme Ct level, and that the lower court majorities sided with her view. To claim that this shows poor judgment on her part means that you would logically also find poor judgment by the many judges who sided with her at the District, Appeal, and Supreme Ct level. But you won't, cause you haven't been told to think that way. Also, it's quite clear you haven't a clue what judges really do other than decide cases. But you're all ready to dismiss them (well, certain ones anyway) as having poor judgment.

  6. #15
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    Default Re: US SCt Rules for Ricci; against City of New Haven

    Quote Originally Posted by UGLY View Post
    I think it indicates that Sotomayor has poor judgement when she is overturned time and again. Many of her cases overturned were based on bad decision making.
    It was a 5-4 decision. How can you say that if reflects badly on Sotomayor when four supreme court judges agreed with her decision? It has been pointed out that her decision was in accordance with existing law and this SC decision rewrote the law. The criticism of Sotomayor regarding this particular case is unfair.

    (If she were on the Court now, maybe her decision would be the majority.)
    Last edited by Spider; 06-29-2009 at 07:39 PM.
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  7. #16

    Default Re: US SCt Rules for Ricci; against City of New Haven

    Quote Originally Posted by UGLY View Post
    I agree with what you have said.

    Sotomayor has a poor record with the supreme court and even Ginsburg was disappointed it seemed that the appellate court did not even hear the case. I think it indicates that Sotomayor has poor judgement when she is overturned time and again. Many of her cases overturned were based on bad decision making.
    You should be a comedian-or a parrot.

    The ruling by the Supremes was judicial activism at it's finest.

  8. #17

    Default Re: US SCt Rules for Ricci; against City of New Haven

    Quote Originally Posted by Spider View Post
    It was a 5-4 decision. How can you say that if reflects badly on Sotomayor when four supreme court judges agreed with her decision? It has been pointed out that her decision was in accordance with existing law and this SC decision rewrote the law. The criticism of Sotomayor regarding this particular case is unfair.

    (If she were on the Court now, maybe her decision would be the majority.)
    I think he was referring to the fact that over 40% of her decisions are overturned. In this case I think you are right it would be unfair to judge her on this decision.

  9. #18

    Default Re: US SCt Rules for Ricci; against City of New Haven

    Quote Originally Posted by matclone View Post
    The appellate court did hear the case, as did the district court case before that. With respect to Sotomayer, the present case shows, at the least, that it was closely contested at the Supreme Ct level, and that the lower court majorities sided with her view. To claim that this shows poor judgment on her part means that you would logically also find poor judgment by the many judges who sided with her at the District, Appeal, and Supreme Ct level. But you won't, cause you haven't been told to think that way. Also, it's quite clear you haven't a clue what judges really do other than decide cases. But you're all ready to dismiss them (well, certain ones anyway) as having poor judgment.
    Do you see how Spider responded to his statement and the way you responded? Same general response but he wasn't being an asshole like you.

    To insult someone by saying they only think the way they are told is low even for you.

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