Jess Bravin, Wall Street Journal, July 2, 2009
Supreme Court nominee Sonia Sotomayor helped lead an advocacy group that pushed legal theories about employment and race much like the one scotched by the Supreme Court Monday, according to documents released Wednesday as part of her confirmation process.
{snip}
The Puerto Rican Legal Defense and Education Fund filed several lawsuits on behalf of minority employees alleging that promotional examinations were racially biased, obtaining judgments or settlements that guaranteed their promotion, sometimes ahead of white employees with higher scores.
In one case against the New York City Police Department, “we obtained quota promotions for Latinos and African Americans to the rank of sergeant,” the group said in a May 1992 report.
{snip}
Judge Sotomayor’s backers say her circuit-court vote backing New Haven was based on precedent. The Puerto Rican Legal Defense and Education Fund documents suggest the judge may long have held similar views. They virtually ensure that a debate over the relationship between the law and racial discrimination will be at the forefront of Judge Sotomayor’s confirmation hearings, which start July 13.
{snip}
Judge Sotomayor joined the group’s board in 1980 and at times served as its vice president and as chairman of its litigation and education committees, according to materials she filed with the Senate Judiciary Committee. She stepped down in October 1992, after President George H.W. Bush appointed her to the federal bench. It is unclear from the documents what role Judge Sotomayor played in specific cases.
During her 12 years on its board of directors, the group fought to establish case law that would have allowed New Haven to throw out test results and at least one case seemed to foreshadow that specific dispute.
In a class-action complaint, the group alleged that New York City’s police sergeant’s exam was “discriminatory and not job related,” according to the group’s 1987 report. To settle the litigation, the city agreed to provide “positions of sergeant consistent with the percentage of Hispanic test-takers. As a result almost 100 Hispanics were promoted, over twice the number that would have been promoted without the settlement,” the group reported, adding that they received “backpay and retroactive seniority.”
To reach that number, the settlement involved promoting minority officers ahead of whites who had higher scores. A group of white officers filed suit to block the deal. A federal district judge rejected their claim. “The basic dissatisfaction with the settlement comes from those who object to race-conscious remedies, but in the circumstances of this case, the law provides for just such remediation,” Judge Robert Lee Carter wrote in 1986.
{snip}
The Puerto Rican group brought a similar complaint against the New York City Sanitation Department, alleging that its “Supervisor Examination has a severe disparate impact upon Hispanic test-takers,” the 1987 report says, because their pass rate was 37% compared with a white pass rate of 83%. It noted that at the time only 27 of about 1,163 supervisors were Hispanic.
{snip}
Original article
Email
Jess Bravin
at jess.bravin@wsj.com .
(Posted on July 2, 2009)
Comments
“Sotomayer Helped Push Minority Cases”
Once again I’ll have to paraphrase a line from the famous Hollywood movie Casablanca,”I’m shocked, shocked to find there’s gambling going on in here.”
I enjoy reading history. I cannot help but wonder how future historians will interpet what has been happening for the last half century. The white race paying for it’s own demise, the guilt that has been forced upon us by the ruling elite and so ingrained in our culture that now pervades every waking moment.
This woman has a paper trail that would get any right-leaning judge denied a hearing.
It is interesting to note that all these disparate impact casess seem to target municpal entities.
I assume what is really going on here is that entities like NYC would love to impose racial quotas, engage in anti white discrimination, award most municipal jobs to their beloved minorities on a strictly racial basis, but to their consternation, they can’t get around anti discrimination laws which (on paper anyway) protect whites the same as other groups.
Therefore they simply tacitly encourage this type of litigation and then instruct the City’s lawyers to settle these cases with hugely generous settlement terms, awarding members of the aggrieved minority groups all kinds of plum jobs and promotions for no other reason than their race.
In essence it seems to me the City uses the “Oh no we have been Sued!” excuse to engage in hardcore anti-white hiring and promoting practices using the cover of a “Settlement” to address “past wrongs” which otherwise would provoke popular backlash.
By awarding these hugely generous settlements without putting up any kind of real drag out fight, they encourage future lawsuits in other departments and agencies and so on and so on.
The most juicy part of these lawsuits for groups like the Puerto Rican Legal Defense Fund is all the major civil rights statutes let successful Plaintiff’s attorneys claim “attorneys fees” against the Defendants, in other words after a big lawsuit like this the Attorneys for the aggrieved Plaintiffs simply get to submit a bill in an arbitrarily large amount to the Defendants who are obligated to pay it.
Every last hour of labor of any attorney even tenuously connected to the case is billed out at oh, say $500 an hour or so, is added up and the Defendants are legally required to pay it. This is in ADDITION to any monetary award, out of which the attorneys typically collect 1/3 of all monies extorted.
It is about the most lucrative possible scam you can imagine, plus it has the bonus of being actually legal, and in fact celebrated as some noble saintly mission.
This woman is a symbol of what is wrong with civil rights employment law: “disparate impact” Not enough Latinos? Grab some off the street and make them cops, lawyers, sanitation workers or managers. Same with blacks.
Jews? Nah. Chinese? Nah? Whites? They are “privileged” Put em in their place. That is, out of work.
Judge Sonia will be confirmed by “our” democratic socialist Senate. But nevertheless, thoughtful Senators should raise against her all the embarrassing intellectual junk she advocates. Especially disparate impact. Then when the Court reverses the New Haven case, and when Barack’s EEOC throws a few more whites out of work, the Congress will have to defend its moronic choice.
Yes, let the Democrats be the party of nonEuropeans, nonAsians. If the Republicans, after this fiasco and the immigration bill, won’t be the party of Europeans and sane Asians, then let an American National Party arise for Americans who favor tradition and quality.
As for the Republicans, any one of them who votes for this antiAmerican judicial extremist should face rightwing primary opposition.
WE don’t need this quota queen. She has a history of despensing justice based on the color of you skin and white is not her favorite color. You can bet that she does not have much “empathy” for white folks.
Nominee Sotomayor makes ACLU’s Ruth Buzzie Ginsburg look great and always fair and balanced!
President Obama’s nomination of Sotomayor is right on par with his Cap and Tax scam.
She’s Hispanic, and a woman. Complaining Republicans should have nominated one of those, of their choice, for supreme court first. Goodness knows republicans have enough of them running for office across the land…
There should be an advocacy group for dumb people. After all, they always seem to score lower than their peers and have less opportunities. Clearly this is because they are oppressed by smart people. As a matter of fact, I recommend that all government jobs be given to the retarded. That way, they can spend their time chasing their own tails and leave the rest of us alone.
Well, if it weren’t for whites like Ted Kennedy, and paranoid neo-con types, these people wouldn’t be here in droves and we wouldn’t be having problems.
It’s interesting to note that forced, coerced multiculturalism in this country is going to prove even more troubling for the restless third world types than it has for whites.
Important problems will never be able to be given adequate attention, because this country will always be involved in tribal bickering and constant physical fighting, which, right this minute, consists of armed conflict in some cases. It WILL get FAR WORSE.
Do these Sotomayor types think that it will be smooth sailing ahead for them if they were able to push third world incompetents into every aspect of American life?
Personally, I doubt that any one of these PC advocates are playing with a full deck, because they fight with one another more than they fight with whites. Why they think everything will be just fine if they take over is beyond the understanding of anyone who isn’t a fool.
Our future is chaos. I’m resigned to that fact. All multicultural nations eventually disintegrate or explode into armed conflict.
The problem is that many Americans, particularly those in political office, just aren’t going to see this activity the way we here do. In other words, many just don’t see the issue with all this obvious discrimination, since it is allegedly addressing past “wrongs” and similar nonsense. I sincerely doubt any of this is going to hurt this odious woman’s confirmation.
This is all we need now. A racist on the highest bench deciding arguments on the basis of race quotas. Good grief.
Whites are not getting it. Opposing the onslaught by following the “rules” is not going to get us anywhere. Better to prepare for the violence that is coming our way. Sorry, but it is going to get ugly, folks.
one point about race quotas that European Americans should be hammering home daily:
Race quotas only exist in the first place because blacks and Hispanics are less intelligent than whites on average - this is no one’s fault, it’s a fact of nature.
European Americans have to go on the offensive, to assert our rights and interests.
We must dismiss race quotas as a criminal conspiracy and then go on to discuss our interests, our rights, our aspirations.
As long as we are talking about blacks and Hispanics instead of broadcasting our demands, we are still playing their game.
the most important point:
as long as we are hesitant to assert our rights as European Americans (for fear of sounding like supremacists, racists, etc.), we are still playing by their rules, and we are going to lose.
European Americans have collective rights, and we have to assert them without qualifications, hedges, apologies.
here is the logic of racial quotas:
1) quotas exist because Blacks and Hispanics test lower than whites and Asians by every measure of human intelligence, ability, competence, etc.
2) quotas are justified on the assumption that they test lower because whites have oppressed them.
3) most of the time, advocates of race owners refuse to admit that objective tests show them to be less intelligent; the tests are said to be biased.
4) in other words, no matter what the evidence, all of the inadequacies of blacks and Hispanics are mysteriously the fault of European Americans, so we have to pay.
5) this is an airtight system of paranoid logic with no escape for European Americans: guilty for past crimes real imagined, guilty for being smarter and more competent, guilty for being afraid of black criminality, guilty, guilty, guilty.
6) the only solution is to reject the entire tangled and contradictory set of arguments lock stock and barrel.
equality means equality,
I cannot help but wonder how future historians will interpet what has been happening for the last half century. Interesting. Will there be White historians left to write? I personally don’t have a clue as to how this will play out. What is the opinion of the Japanese, who have not been infected with the diversity illness, of our self demise?
Future History Books:
1) The Caucasian Catastrophe by I.C. Ray Siste
2) 2020: Atlas Reborn by Scott Free
3) The 2050 Affirmative Action World Almanac and Book of Facts published by the UPOSC (United Peoples of Selected Color)
Late breaking and related news:
http://www.cnsnews.com/public/content/article.aspx?RsrcID=50512
Shades of Ricci: Florida Supremes turn away Gov. Charlie Sotomayor Crist’s rejection of a recommended list of Florida Appeals Court nominees. Crist rejected the list because it was too white, FL Supremes say you can’t do that.
The Florida Supreme Court is notable because one of its members is Charles Canady. Canady was a Congressman from Florida through the first several years of the “Republican Revolution,” and he foolishly believed that Nut Gingrich was actually conservative. When Canady tried to eliminate Federal government affirmative action mandates, Gingrich rebuked him over and over again. Canady got so disgusted that he quit the House in disgust. Now, he’s on the Florida Supreme Court, where at least in the context of this ruling, he got his sweet payback.
I hope the Democrats nominate a black man or woman for Senate in 2010. This will put Crist in the world’s worst Catch-22.
What do you expect? White Americans are the ones who turned ‘diversity’ and ‘tolerance’ into a religion. So you have no right to complain when ‘minorities’ use your weakness to advance their own interests.
My idea of quotas is, okay, let’s have quotas. However there is a little difference in my thought of quotas. My idea is that we should have black people pilot airplanes regardless of ability. After all, we’re told it’s not about ability, aren’t we? Same goes for the mechanics working on the planes. There should be black only crews working on planes so they can be seen to have such jobs. Let’s not leave out the medical sector either. I can see blacks being made heart surgeons. It’s all good for diversity.
Of course, the black community will be running to fly to their destinations on those black piloted planes and the black people will disdain to have a White surgeon do that bypass on them of course.
If this was to happen, I guarantee, Affirmative Action wouldn’t last a month.
Tom Iron…
Tom Iron will be interested to learn, if he doesn’t already know, that one of the first affirmative action fatalities was a black woman. She was getting cosmetic surgery from the black man who stole the place in medical school that Bakke should have gotten back in the 70’s. Can’t remember his name but the case is described in “The Affirmative Action Hoax” near the beginning.
jewamongyou;
The name of the AA doctor is Patrick Chavis
http://www.adversity.net/FRAMES/Editorials/48_PatrickChavis.htm
Now we have “disparate impact” which is the code word for “affirmative action” which is a code word for blatant racism and discrimination. They can come up with all the code words they want, they can bend and twist it all they want, they can jump up and down and whine and cry day and night but in the end it’s just more and more racism and discrimination against white people in an effort to take revenge against the wrongdoings of people that lived 200 years ago. We have plenty of discrimination laws on the books right now that are meant to help people of ALL RACES AND COLORS and are meant to make sure EVERYBODY IS TREATED EQUALLY UNDER THE LAW and that means EVERYBODY! not just certain groups!
As a person of Italian and Spanish (Catalan) descent, I can vow for a different kind of racism: that is a racism at the hands of Hispanic, Cuban, Puerto Rican, and Mexican people towards me. I suppose it has to do because I look ‘white’ (actually I look more European) but I’ve experienced this time and again in many areas of the U.S., South America (in my travels), and even places in Europe.
Sotomayor is one of these people. I know all too well the energy she both seems to attract and emit and it is a frightening thing to me to think how she will use her influence to ‘turn the table’ so to speak.
WASHINGTON (AP) — President Barack Obama said Thursday the Supreme Court was “moving the ball” on affirmative action in this week’s decision favoring white firefighters in New Haven, Conn., but he added that the court had not ruled out the use of racial preferences in the future.
In a White House interview with The Associated Press, the president also said, “I don’t think that hiring on the basis of race … alone is constitutionally possible.” Obama, a former teacher of constitutional law, said, “I’ve always believe that affirmative action was less of an issue or should be less of an issue than it has been made out to be in news reports.”
SKIP the psychic still predicts…..Obamaster will appoint another SC justice and it will be a muslim, probably black too. ALSO!! I still predict that before the year is out, his White staffers will begin to resign “for personal reasons” and quietly be replaced with blacks. I also think the 34 year term Alaska rep will retire and the new now Governor, will appoint Palin to the vacant seat. To keep Clinton out of the senate is WHY the Obamaster made her the Sec of State, he can fire her now.
“To keep Clinton out of the senate is WHY the Obamaster made her the Sec of State, he can fire her now.”
Dreams do come true!
She, along with barry soetoro will be footnotes in the history of our demise.
They will be footnoted as causal, not pillars of “higher thinking”
obamageddeon rolls onward
Don’t forget with Ruth Ginsburg seriously ill Obama will soon have another Supreme Court pick.
I predict a black Judge who will be a big lover of racial quotas.
“Every last hour of labor of any attorney even tenuously connected to the case is billed out at oh, say $500 an hour or so, is added up and the Defendants are legally required to pay it. This is in ADDITION to any monetary award, out of which the attorneys typically collect 1/3 of all monies extorted.
It is about the most lucrative possible scam you can imagine, plus it has the bonus of being actually legal….”
It is NOT legal. The statutes provide for “a reasonable attorney’s fee”. Anything beyond one attorney is not authorized by the law.
The open orders fanatics at the wall street journal are cursing the consequences of the policies they advocated. The readers of Wall street journal never thought one day they would be the victims of affirmative action policies.
