WASHINGTON (CNN) – Judge Sonia Sotomayor said Tuesday that her ruling in the hotly contested 2008 case Ricci v. DeStefano, where she backed the city of New Haven's decision to throw out the results of a firefighter promotion exam because almost no minorities qualified for promotions, was based strictly on well-established legal precedent.
Sotomayor, speaking on the second day of her Supreme Court confirmation hearings, said the case was decided on the basis of "a very thorough, 78-page decision by the district court" and followed an "established precedent."
"This was not quota case or (an) affirmative action case," she said. The case was a challenge to a firefighter test that had a wide range of difference between the pass and failure rate of different groups. The city of New Haven, she noted, was at risk of being sued by employees who could show they were "disparately impacted" by the test.
New Haven city officials, after a number of days of hearings, decided they wouldn't certify the test, but would instead attempt to develop a test of equal value in measuring a candidate's qualifications without having a disparate impact, she noted.
The question before the 2nd Circuit, Sotomayor argued, was whether the city's decision was based on race or its understanding of what the law required it to do. The court ruled that it was based on the latter.
Based on established legal precedent, the 2nd Circuit decided that the city's decision was proper under established law. The Supreme Court, however, applied a new standard, she said, based on a different area of law. If she were ruling on that case today, she said, she would be bound by the new standards set by the Supreme Court.
From CNN Politics
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This is a typical racist answer, do something, then when they get called on it, wiggle the truth around. No backbone.
This proceeding, like all confirmation hearings, is a ridiculous farce. It isn't as if she's not going to sit there and tell these senators exactly what she knows they want to hear. She's just as slippery and disingenuous as Roberts was during his hearing.
Give me a break, the problem was the Blacks couldn't pass the written part of the test and everyone else passed the test.
She is a RACIST and not worthy of being a Obama Puppet for the supreme court.
But Sonia... the SCOTUS overruled you. And they also base their decisions on precedent.
So who's right, Ms. Sotomayor? You or the majority hearing the case on the SCOTUS?
Sessions is grandstanding. He's not even really wanting to hear Sotomayor's answers.
Grandstanding.
Really, the Supreme Court unanimously disagreed.
"a wide range of difference between the pass and failure rate of different groups" That statement applies to every type of competition throughout everyone's life time. If she can get away with that flimsy excuse, everyone can do it in any given situation. Fair's fair.
Again, liberals don't want the best and brightest, it would destroy their plan for ruining the country.