The IUSB Vision Weblog

The way to crush the middle class is to grind them between the millstones of taxation and inflation. – Vladimir Lenin

Sotomayor had conflict of interest in fire fighter case.

Posted by iusbvision on July 4, 2009

It has been discovered through Sotomayor’s documents released to Congress that she belonged to an activist group that opposed testing as an avenue for promotion.

Judge Sotomayor had dismissed the Ricci fire fighter case with next to no comment causing protests by her fellow judges. The case was elevated to the Supreme Court where once again Sotomayor was overturned.

Sotomayor should have recused herself from the case because she was adamant against any kind of testing as an avenue for promotion as her own documents show.

FNC:

Group Sotomayor Belonged to Sued Over Job Tests

A civil rights group advised by Supreme Court nominee Sonia Sotomayor in the 1980s brought several discrimination lawsuits that sought to scrap the results of job tests because too few Hispanics scored well, according to new documents.

WASHINGTON – A civil rights group advised by Supreme Court nominee Sonia Sotomayor in the 1980s brought several discrimination lawsuits that sought to scrap the results of job tests because too few Hispanics scored well, according to new documents that are fueling GOP criticism of the judge.

The Puerto Rican Legal Defense and Education Fund represented Hispanic sanitation workers in New York City who wanted to stop white employees from getting promotions because, they argued, the qualifying exam unfairly disadvantaged minorities. The case unfolded as Sotomayor chaired the organization’s board of directors’ litigation committee, although there is no evidence that she had any role in the group’s decision to participate in the lawsuits, or in formulating or drafting any of their legal arguments.

Still, the case bears strong similarities to a much-discussed case Sotomayor ruled on last year as a federal appeals court judge, which involved the reverse discrimination claims of white firefighters in New Haven, Conn., who sued after the city threw out its promotion test because too few minorities qualified. A panel she joined ruled against the white firefighters in the case, Ricci v. DeStefano. The Supreme Court reversed the decision last Monday.

2 Responses to “Sotomayor had conflict of interest in fire fighter case.”

  1. Angelo said

    The issue is not one of unaminous support and the verdict depends mostly on the fact that New Haven’s tests were professionally formulated and independently reviewed. This would impair any implication that New Haven had premeditated bias toward whites as the tests were legitimate.

  2. Angelo said

    Yet, not adjusting for discernible bias to prevent future occurrences of discrimination is illegal. So the city’s and the testing and review center’s credibility could be undermined if further racial disproportionality continues.

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