In a 5-4 decision, the U.S. Supreme Court today sided with white New Haven firefighters in an employment discrimination suit. This reverses a decision that Supreme Court nominee Sonia Sotomayor endorsed as an appellate judge.
Kennedy jointed the court’s hard right contingent. Judge Ruth Ginsberg, speaking for the dissenters, noted that nobody was promoted over a white firefighter, the city merely scrapped use of a test.
UPDATE: People for the American Way will hold a news conference this afternoon to defend Judge Sotomayor and per position in this case. Attorney General Dustin McDaniel, who had joined a court filing in favor of upholding the ruling, will participate. Here’s a good analysis of this case and why, when Sotomayor decided it, it was a sound judgment based on existing law.
Here’s an account of that news conference. It was a good day for A.G. McDaniel, who bucked a howling gale from the right-wing noise machine by noting the problems this decision could cause. If you read all the links you’ll see there’s plenty of room for the argument that the Supreme Court majority today engaged in judicial activisim to override federal laws it didn’t like. McDaniel will go straight into the lion’s den tonight by appearing on Lou Dobbs’ show.
The ACLU (see jump) says the decision doesn’t mean — yet, anyway — the end of Title VII law against discrimination in employment practices. Give John Roberts time. Arkansas fringe groups rejoice.