June 29, 2009
Posted: June 29th, 2009 06:11 PM ET
High court nominee Sonia Sotomayor was on the federal appeals court that backed New Haven, Connecticut.
High court nominee Sonia Sotomayor was on the federal appeals court that backed New Haven, Connecticut.

WASHINGTON (CNN) - The political response to the Supreme Court's overturning a ruling by the woman who could be its newest member was sharply divided, with Republicans supporting the ruling while Democrats criticized it.

In its last day in session this term, justices ruled by a 5-4 majority that the city of New Haven, Connecticut, improperly threw out the results of promotional exams that officials said left too few minorities qualified. A group of 20 mostly white firefighters sued, claiming "reverse discrimination."

Judge Sonia Sotomayor, who President Obama nominated last month to replace retiring Justice David Souter, and two other judges heard the case on their federal appeals court last year and sided with the city.

"I applaud the Supreme Court's decision to uphold equal rights for all and to strike down government decisions based on race," said Texas Rep. Lamar Smith, the ranking Republican on the House Judiciary Committee.

"No individual should be denied a promotion simply based on the color of their skin. ... The Supreme Court today reminded all courts and governments that equal justice under the law means refusing to tip the scale in favor of one race over another."

Full story

Filed under: Sonia Sotomayor • Supreme Court


Proud Member..Party of No   June 29th, 2009 5:57 pm ET

Pretty much sums up the whole republican/democrat debate......republicans say reward the best people, democrats say reward anybody but the best.

Voter   June 29th, 2009 5:57 pm ET

I don't agree with much this court puts out, but this one makes sense. The decision makes clear that affirmative action is NOT a quota program, simply requiring that minorities get special treatment.

The exam did not have new, untried content. Others have passed or failed the exam based on ability. Suddenly it hit a snag. Minorities did not do well. Instead of saying, "Okay, minorities, study harder next time," they simply tossed out the exam!

I think the real secret of passing these exams is pretty obvious: prepare for them. Preparing for school all along is so you can actually learn is also a good idea.

It looks like the problem was simple for the so-called liberals on the Court: the wrong race was suing here. Being white in America is not a crime – yet.

CLIFF   June 29th, 2009 5:55 pm ET

She is typical of ALL of the appointments made by Obama.
A RACIST and one who wants to "re-write" laws and not ENFORCE laws.
Welcome to socialism the Obama way, folks!
Glad she was over-turned. Shows you how out-of-step this liberal is!

sam   June 29th, 2009 5:55 pm ET

I am surrounded by Democrats from all walks of life in my immediate community. I have yet to hear one Democrat side with Sotomayer on this issue. The ones that I have talked to today are extremely pleased with the Supreme Court ruling.

DawnL,CA   June 29th, 2009 5:53 pm ET

As a former democrat (now independent) I applaud the Supreme Courts decision. Affirmation Action is a put down to all blacks & minorities (says they are not quite good enough & need help.) They didn't pass the test about FIREFIGHTING-not a test of "Little House on the Prairie".

Red   June 29th, 2009 5:50 pm ET

Mr. Dwight Frye ~ I wish the Republican Party would have "NATRUALLY FOUND THEMSELVES IN THE POSITION OF THE RESPONSIBLE PARENT" during the past 8 years under George Bush! You people make me sick...take the blinders off honey...look around and see the damage 8 years of the GOP like a teenager with a credit card did to our nation. Of course when the Republicans were spending like mad...it was OK, right?

Joe in Austin   June 29th, 2009 5:47 pm ET

Um, the problem is when we GIVE promotions based upon race – that is what this test did. The clear racial bias in the results show it was a biased test. Among modern people, this is under the heading "DUH!"

John Black Hills/SD   June 29th, 2009 5:46 pm ET

It just goes to show us that the Supreme Court today, doesn't rule correctly based on the opinions(on the interpretation of the law) of a majority of people I know. The GOP shop watch, and understand the American landscape before they begin clucking victory in front of the farmer who holds the axe (in the voting booth of course).

Usually pretty liberal   June 29th, 2009 5:45 pm ET

I voted for Obama, and now reluctantly think Sotomayor should not be confirmed to the Court. The only way we get past race in the Obama era is to get past race. No more excuses for failure to perform on objective, standardized measures already screened for adverse impact.

seebofubar   June 29th, 2009 5:45 pm ET

BK

60% of her rulings have been overturned. She is a bad judge.

Willie   June 29th, 2009 5:44 pm ET

I am a black independent. This is good, no one should be limited because of race. Yes, there will be times blacks are treated wrong but my friends two wrongs don't make a right.

Obama Victim   June 29th, 2009 5:39 pm ET

most qualified gets the job?? clearly some right wing craziness

mary   June 29th, 2009 5:38 pm ET

This needed to be overturned. Goes to show that Sotomayor is a racist like the President. He wants to destroy this country and continues to bring people into his administration who are either theives, racists or nitwits! 2010 a year of reckoning! Bye bye you lefty haters of the Constitution!!!

S Callahan   June 29th, 2009 5:38 pm ET

Well said Dwight.

Albo58   June 29th, 2009 5:38 pm ET

Despite what this administration says, the Supreme Court made a common sense decision against the illegal, unconstitutional, Quota system-inspired decision of this inept judge! She in certainly NOT worthy of the Supreme Court and, as a matter of fact and for this ruling alone, she should be disbarred! What a piece of garbage!

John   June 29th, 2009 5:37 pm ET

Sotomayor's ruling is Right and Correct.
Supreme Court’s ruling is Wrong and Politically Motivated.
Because:
1. City of New Haven, Connecticut, Properly, Rightly and Correctly threw out the results of Promotional Exams that left too few African-Americans qualified.
2. This Exam was based only upon "A Written Test".
3. This Exam was not based upon "A Physical Abilities Test".
4. African-Americans would have scored better than Whites if it was based upon a Physical Abilities Test rather than a Mere Written Test.
5. It would have been more appropriate if the selection would have been based on a Balanced Test which had a Physical Test as well as a Written Test.

makesUwonder   June 29th, 2009 5:36 pm ET

Congrats to the Firefighters. You finally got what you deserved. I'm sure it was a battle and many sleepless nights, but in the end justice was served no thanks to Sonia Sotomayor!

Dwight Frye   June 29th, 2009 5:34 pm ET

Like an irresponsible teenager running wild with the nation's credit card, Obama sorely needs discipline, someone with the wisdom to say "NO". The Republican party naturally finds itself in that parental position of responsibility. They have no choice but to say "NO" to Obama's immature spendthrift ways.

Steve (the real one)   June 29th, 2009 5:34 pm ET

@Derka Derr June 29th, 2009 5:16 pm ET

God Republicans are so jelous. Make it a little more obvious.
------------------------------
Jealous of???? This is not political! Not left nor right! It is just!

Jeanne   June 29th, 2009 5:34 pm ET

Maybe some of you should read the entire article. The public (that means us and includes dems and repubs) overwhelmingly feel that the Supreme Court decision was correct. The dems who don't agree are politicians.
I don't feel she should have even been considered based on her statement that the Circuit Court of Appeals is where "policy" is made. That one statement should have taken any person out of contention.

By the way, the 5-4 decision is a bigger "landslide" than Obama was elected by.

bozo obama   June 29th, 2009 5:34 pm ET

it seems her racist decisions have been shown her racist tendecies... No Se Puede La Raza.

S Callahan   June 29th, 2009 5:34 pm ET

I know my nearly 60 yr old brother in Ohio is thrilled with decision after facing discrimination numerous times because of his white race...
Frankly, I think we are at a point in this country that hiring should be based on merit/qualifications/ambition...perhaps the way to overcome the race issue is to put blinders on during an interview(for the interviewer and interviewee)...just a thought.

Steve (the real one)   June 29th, 2009 5:32 pm ET

@Jefe June 29th, 2009 5:04 pm ET
This Democrat applauds the decision. I don't want my children to have to worry about their race (caucasian) being the thing keeping them from succeeding in life
-------------------------
Jefe,

I am a black conservative and I fully agree with this decision too! Enough is enough! Discrimination to make up for discrimination is still discrimination! You're concern for your children is the same i have for mine! Your becoming a little more conseravtive, eh???

Lynnette   June 29th, 2009 5:30 pm ET

To "Kevin from Co"

Nice comment. Idiot.

Ryan Indy   June 29th, 2009 5:30 pm ET

God, Democrats are just pathetic.......Even when they are wrong , they just dig in deeper and can not admit mistakes.....Republicans really dont need to do anything , democrats always run themselves out of power, give them 2 yrs.

whaley41   June 29th, 2009 5:29 pm ET

Our standards in this country should be high. I have lost job promotions in my life time because I have failed the tests. But I tried harder the next time. Set your goals higher and you can achieve them. Makes no difference what color your shin is. Don't depend on the government to give you anything!!!

eric in texas   June 29th, 2009 5:29 pm ET

Also, this just in. When you apply for your next job, we might not be able to hire if we are not able to also hire another person of a different race than you. Just to be fair!

ib   June 29th, 2009 5:29 pm ET

You people talk about the party of no. Read your own posts sounds like the party of no is liberals against anyone who doesn't go along with their far left views. This woman does need to be rejected with her far left views but she won't be. Another loss for common sense people.

Robin   June 29th, 2009 5:27 pm ET

@ Kevin from Co June 29th, 2009 5:20 pm ET

What are they supposed to do, dummy down the test until minoritys can pass it and then hire them? How stupid.
-------------------------------

Schools have been on the "dummy down" system for the past 20 years. That is why I send my young children to private school.

Kel   June 29th, 2009 5:23 pm ET

It was the right decision. Imagine if they told your kids, not enough students passed the exam, so you all get to repeat the course. Sorry, take the best person for the job, they all wrote the same exam. I don't care who gets the promotion, as long as its deserved.

Don   June 29th, 2009 5:22 pm ET

This isn't about Republican vs. Democrat. It is about righting a wrong and preventing discrimination based on race.

Red   June 29th, 2009 5:21 pm ET

I'm a left wing bleeding heart liberal Democrat, and I applaud their decision. No one should be refused a promotion based on their race...NO MATTER WHICH RACE THAT IS, including white. My husband took the Fire Test many years ago and was placed at #40 on the physical and written parts of the test out of 7,000+ people....and he still didn't get a job...because he was white. There were people who were literally 1/16th of a minority who were at the bottom of the list and placed in jobs! I want the best qualified and I don't care what they look like!

gail   June 29th, 2009 5:21 pm ET

What a crock this decision is and what hypocrisy on the part of the GOP that says they believe in local control, but when Judge Sotomayor and two other justices give a unanimous ruling upholding that the GOP says no , she should have been an activist and overturned it. Also , they applaud the activism of the Supreme Court today in a 5-4 decision, narrow decision, they are hypocrites and the court has again done the same crap they diid in 2004. Also , I think that they did this to try to embarrass Judge Sotomayor since they deferred all other cases to highlight this one on the last day. This is a disgrace. She will be confirmed.

Vegas   June 29th, 2009 5:21 pm ET

No promotion should ever be based on race, creed, color, ethnicity, gender, sexual orientation, or any other discrminator except for QUALIFICATIONS.

If you're qualified for the promotion, you should get the promotion.

Pretty simple.

Kevin from Co   June 29th, 2009 5:20 pm ET

What are they supposed to do, dummy down the test until minoritys can pass it and then hire them? How stupid.

Skiwee   June 29th, 2009 5:19 pm ET

A 5-4 decision isn't THAT overwhelming, is it?

Chaz   June 29th, 2009 5:18 pm ET

The title of this article is misleading. Do all dems criticize this ruling, and all of the GOP applaud it? I only saw a couple quotes and I don't think it's fair to generalize from only a couple of sources.

This only contributes to the decisiveness of the public. People somehow feel persuaded to think a certain way because of party affiliation. Form your own opinion, who cares what all these partisan morons think.

Jack   June 29th, 2009 5:17 pm ET

Since the justices ruled 5 to 4, there was hardly a consensus, even among them. Half agreed, half didn't. It's not like they overturned it 9 to 0 or 8 to 1.

Derka Derr   June 29th, 2009 5:16 pm ET

God Republicans are so jelous. Make it a little more obvious.

Jon in CA   June 29th, 2009 5:13 pm ET

The Supreme Court made the RIGHT decision.... but what do I know... I'm just a white male.

Johnny C (Los Angeles)   June 29th, 2009 5:12 pm ET

The problem lies here ... Leahy argued that the "narrow decision is likely to result in cutbacks on important protections for American families. It is less likely now that employers will conscientiously try to fulfill their obligations under this time-honored civil rights law. This is a cramped decision that threatens to erode these protections and to harm the efforts of state and local governments that want to build the most qualified workforces."

A key person on the Judiciary committee? This is why we should not have Legislators working anywhere near the Judiciary.

This man should be ashamed of himself ... perhaps the time honored law was poorly written in the first place ... hopefully another esteemed gent on the taxpayer's payroll that will not get reelected.

Henry Miller   June 29th, 2009 5:12 pm ET

Democrats don't seem to mind screwing individuals in pursuit of various social objectives–a thoroughly contemptible attitude.

It used to be I could say with reasonable confidence that Republicans had more respect for individuals than that, but in recent years, with things like the PATRIOT Act, FISA, REAL ID, etc., it's become apparent that the GOP has become as authoritarian as the Dems, or more so.

The commonality is clear: neither party really cares any more what American citizens want. As far as both parties are concerned, the only proper role of the citizens is to shut up, pay taxes, and do as they're told.

"The land of the free."

Yeah, right...

LacrosseMom   June 29th, 2009 5:11 pm ET

What else is new? Sotomayor ruled on the law, the Supreme Court's job is to define and interpret the law.

SO? THE GOP is grasping at straws.... they got nothin'!

Vickie   June 29th, 2009 5:11 pm ET

5-4 – is not exactly a landslide. Looks like this issue may not have been as "clear-cut" as some have sought to portray.

Skip, a black man   June 29th, 2009 5:09 pm ET

Ok, just blame it on bush.....come on left, just open your mind, its not that hard...is it?

Frank in Wilton Manors   June 29th, 2009 5:06 pm ET

One little issue I have not heard discussed in this controversy is, all parties were given the SAME test and had the SAME opportunities to prepare for it. Perhaps the minorities now whining (or whining at that time) just didn't get with the program?

Robin   June 29th, 2009 5:06 pm ET

Discrimination is wrong no matter what.

These fire-fighters were looked over for promotions because they passed a test will stellar scores.

If you and your family are trapped in a burning house, who do you want out there planning your rescue? The men and women who are qualified, or someone who got the job because they were a minority?

Jefe   June 29th, 2009 5:04 pm ET

This Democrat applauds the decision. I don't want my children to have to worry about their race (caucasian) being the thing keeping them from succeeding in life.

D. Tree   June 29th, 2009 5:02 pm ET

There's no such thing as "reverse" discrimination – either you are discriminated against or you are not.

Meanwhile, the same supreme court ruled against Brown vs. Board of education... all the more reason to have someone who isn't so right-wing on the court. Scalia and Thomas need to retire and take their bitter, outdated politics with them!

ABMiller   June 29th, 2009 5:02 pm ET

These hearings should be hilarious.
But what do I know - I"m not a wise Latina woman.

GenTwelve   June 29th, 2009 5:01 pm ET

Who really cares waht right-wing hate mongers think. The party of "no" will not be satisfied until there is another civil war. Shame on them!

Dutch/Bad Newz, VA   June 29th, 2009 5:00 pm ET

Now the GOP thnk they have a big win. Woo hoo. Don't get your hopes too high though because Judge Sotomayor will still be confirmed. Now that Souter is gone, let's see how he would have ruled on the case.

BK   June 29th, 2009 4:59 pm ET

They overturned one ruling out of how many that she has made? Get some perspective, people. The Supreme Court justices themselves disagree with each other. In a way every time they vote, at least one of them is getting overturned.

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