CNN

He makes a good point.....

Rulings like the one of Ms. Sotomayor only work to creat racial tension where none existed before.

Besides SOTOMAYOY, onw jugw of appeal and 4 justices voted as she did,. 1 juge of appeal and 5 justices did not, showing that theproblem had not a clear solution.

Meaning, that 50% of the other involved judges shared her opinion. Why Mr. RIcci does not blast all these and concentrates on her??

Sotomayor is obviously slightly biased in her fundamental belief system. I praise her for overcoming great challenges, but this position is not about the adversity in her life, it is all about equity in the application of law. Something she obviously is unable to do based upon the fireman discrimination case.

My God. Thank her for interviewing and find another candidate. What is the big hurry? Whoever is selected will be there most likely for the duration of their natural life. CHOOSE SLOWLY AND WISELY. This is not the drive-thru line at McDonald's.

tom July 16th, 2009 5:09 pm ET

I live in the south. I can assure Black students are generally put in classes with less efficient teachers. If you want to have equal tests then how about equal rights. The fact that some white boys have been passed up for promotion will take this country another two years to catch up all the black folk who could not advance due to the color of their skin. No blacks above the Rank of Colonel, no blacks to hold rank in the navy, President Wilson wouldn't let blacks in the white house. This didn't happen in 1815 it has happened in my parents life time. Stop judging stuff you have no idea about. Walk in my shoes and then tell me about fair.

AMEN TO YOUR COMMENT!

Could someone tell me who sponsored the firefighters trip to the capitol? ...on another note I would really love for this country to done away with affirmative action programs so republicans can run a real platform and address the real problems affecting this country

If all promotions were based on test performance(s) alone, just about the entire work force in just about every field would be Asian American! And that's the truth!

to think a few white firefighters were almost denied, l work in the system and walk in many fire houses where they refuse to hire 'darker ones" it is grossly unfair, I look on the walls in the fire houses and see generations of white faces. it's time to be fair.

Mike,

The specifics Sotomayor was trying to descibe were the heart of the case, and would have led to what precedent (one or many) was used. If the GOP Senators would have listened, instead of prejudging her answer and cutting her off, then they would have got an answer. Then they would have understood the difference between the two decisions and why the Supreme Court, in a narrow 5-4 ruling, established a brand new precedent overturing those used by the lower court. The problem is the GOP did not want an answer, they were to busy scoring points for a politcal election over a year away.

Does this not apply? If we all look at this issue through the following quote, we would see that it was wrong to even use race as a condition for a promotion. I share Dr. Kings dream.

"I have a dream that my four little children will one day live in a nation where they will not be judged by the color of their skin but by the content of their character."
Martin Luther King, Jr.

Ricci was one of a group of 20 mostly white firefighters who sued the city of New Haven after the city threw out the results of a 2003 firefighter promotion exam because almost no minorities qualified for promotions.

THESE WHITE FIREFIGHTER ARE NOT THE FIRST PERSON TO EVERY BE DISCRIMINATED AGAINST SO WHY ARE THE MAKING THIS LIKE IT IS? HYPROCITE AT IT BEST! GET OVER IT AND MOVE ONE LIKE US BLACK HAD TO DO! THIS WAS ALL SET UP BY THE GOP LINDSAY GRAHM AND JEFF SESSION! I WILL SELL MY HOUSE JUST TO MAKE SURE THESE TWO KING OF THE RACIST PARTY WILL NOT BE RE-ELECTED.

THESE TWO COULD NOT GET SOTOMAYOR TO MELTED DOWN SO THEY USE THIS RICC!

It's Funny That Judge Sonia Sotomayor Follows The Precedent Of The Law In The 2nd Circuit Court Ruling Of The New Haven Firefighters Lawsuit....And Because She Didn't Give A Different Ruling Favoring The Firefighters, She's Labeled An Activist. Then When The Supreme Court Gets The Case, They Apply A Whole New Standard Of Law In A 5-4 Vote That Overturned The Lower Courts Decision. Hmm! Who's The Activist(s) Now?

Bill, you would have a point if it was to be a regular fire fighter but it was to be promoted so you need to test how well they know information such as regulations. They were all already fire fighters so thier physical ability was not in question for the job.

What is a non-minority in the United States of America? Is a non-minority a white person or the Native Americans whose genocide extermination by puritan Christian whites is the very foundation upon which the United States was created?

makesUwonder July 16th, 2009 4:23 pm ET

Amen to these firefighters that knew they were right and did what needed to be done in the face of racism. My hat off to each and every one of them!

This is HYPOCRITE AT IS BEST, DISCRIMINATION IS OKAY AS LONG AS IT IS NOT AGAINST WHITES. BLACKS HAVE BEEN AND STILL ARE BEING DISCRIMNATED AGAINST, BUT IT IS NOT BIG DEAL RIGHT! ALL THIS SCREAMING BECASUE IT HAVE HAPPEN TO ONE OF THEIR OWN WHITE MAN – HYPOCRIET AT IT BEST! GOP–RIP!
NO BLACKS VOTE OR LATIN VOTES FOR CENTURY TO COME..

If only the Black firefighters passed do we really think that the test would have been thrown out?

Hypothetical – What if I were one of 2 non-black firefighters in a department of 4 going for 2 available promotions. If I and my white friend decided to sit around, drink beer and not study, do either of us deserve the promotion against the 2 black individuals that did study? Racism is racism. Study hard and you will be rewarded should be the goal here, not a dumbed down work force, thats pleasing to the politically correct eye.

And GI Joe. In case you don't know, all of the other judges aren't up for a lifetime appointment in the Supreme Court. Thats why no one is talking about them. Your assumption that people are picking on Sotomayor out of prejudice is simply absurd. Lets keep the discussion intelligent and above the drama. (BTW- I'm hispanic)

"2. Fire Fighting is more Physical than Writing. When there is fire, a Fire Fighter will not write an Essay, but will put of the fire with his hands and Fire Fighting Tools."

God man, read the SCOTUS decision. These were exams for officer jobs....positions that would be on the rear lines doing the decision-making, not running around in burning buildings.

@ Mike in Syracuse, thanks we should meet for coffee sometime. keep up the pressure...

Geez, Ricci sure sounds like a grump. Judge Sotomayor merely ruled on an existing precedent. How the heck does that make her a racist?

Lets look at it this way what if the 20 fire fighters where black instead of white how would that change the way you are viewing this case? As for those saying he has no right to show up guess what he was called to testify or maybe even A subpoena which would have meant he had to go or he could be arrested. As for GI Joe's comment those judges aren't nominated to be a Supreme Court Justice now are they?

Aaaah, what wonderful political circus. So the same people complaining about basing decisions in the law partly on "empathy," now parade their standard bearers for "white victimhood" out in front of the nation during the confirmation hearing so we can hear their idiotic sob story and, they hope, feel EMPATHY for them such that we become disgusted with Sotomayor and make a decision about her fitness to sit the SCOTUS bench not based on the real meat-and-potatoes of her qualifications, but rather on some gut feelings they hope this charade will elicit.

Whay I am noticing most about you lib/dems is the constant bashing of white males, Christians and the wealthy.

The days of race-baiting , class warfare and religious intolerance are over get a clue.

Sotomayer's own words were offensive no matter what her race.

Ricci has a good point if the promotions were based on the testing then what is the problem?

The fact is, the Supreme Court, in a close 5-4 decision, established a new precedent. Sotomayor could not have ruled otherwise on the case before her because this predecent did NOT exist. And by the way, there were two white judges on the court with her, that ruled with her, she did not make the decision alone!

I heard a great comment by a liberal commentator yesterday:
If Sotomayer is telling the truth in her answers about having no opinions on gun control, abortion, etc. as she is so testifying, then she's unqualified on academic grounds, since she SHOULD have opinions on these key issues. If she's lying to get confirmed, she's unqualified on ethical and moral grounds. Either way, she's unqualified.

I am black and I am very upset with this mess. YOu would think this is the first time someone have been discriminated against. BLACKS HAVE BEEN DISCRIMINATED AGAINST SINCE WE WERE BOUGHT HERE, but now that a white man get discriminated against it is the end of the world. How many racist statement have most the of the GOP made against blacks since President Obama became President.? This is blowing WAY WAY OUT OF PORTION! RACIST BEHAVOR IS OKAY AS LONG AS IT IS DON'T DONE TO THE WHITE RACE! REPUBLICANS WAS NEVER GOING TO VOTE FOR HER BECASUE SHE WAS A LATIN, BUT THEY USED THIS FIREFIGHTER CASE TO HIDE BEHIND THEIR RACISM!

Its funny no one is saying that 4 of the current Cheif Justices agreed with her. . .

Allen,

It did not take long for the precedent to be overturned. From what I have read she is the queen of reversals – 80%. Pretty weak record.

Ricci would have got a Favorable Judgment if:

He had hired a Jewish Attorney in Front of a Jewish Judge.

The New Haven results of a 2003 firefighter promotion exam was Correctly and Rightly thrown out because:

1. I was based upon only a Written Exam, not a Physical Abilities Exam.
2. Fire Fighting is more Physical than Writing. When there is fire, a Fire Fighter will not write an Essay, but will put of the fire with his hands and Fire Fighting Tools.

Sotomayor, is a good judge. She needs to be in Supreme Court.

@Greg House, perhaps if the 'starkly underprivledged minorities' didn't drop out of school at a rate 2-3 times that of nonminorities they WOULD get the education and training they need to excel on merit based civil service tests. If the problem is lack of education, how does promoting the uneducated help? Fix the education system. Step 1, stay in school. Step 2 don't get pregnant or father someone out of wedlock. Step 3, stop expecting someone to 'give' you a job, and earn it.

makesUwonder July 16th, 2009 4:23 pm ET
Amen to these firefighters that knew they were right and did what needed to be done in the face of racism. My hat off to each and every one of them!
-----------
AMEN to your Amen!

I didn't see it like that, way, Ricci admit that he doesn't know anything about the law,,,so means everything to me

I get where the firefighters are coming from. But, what I don't get is why people are attacking the judge as being racist for following the law. How many times do we see criminals go free because of technicalities? Ted Stevens comes to mind. Are those judges being activists because they are following the law? The Supreme Court changed the law. Obviously that was a good thing. She was only ruling as it stood at the time she saw the case.

I really don't see what is so hard to understand about that.

Allen,
What existing precedent the Supreme Court said there was little if any and when questioned about it this morning she could not answer the question. All she would have had to do was given the case she used as precedent but she couldn't. INstead she speant at least ten minutes trying to describe the case to the Senator who asked the question even with him interupting saying he didn't want the case specifics but what the precedent was.

Half of the people commenting on here really need to just shut up if you don't know what you're talking about. Yes, she did rule with the city of New Haven which was following a precedent which all you republicans said you wanted a judge to do right..not be an activist! NO she didn't just discriminate against white men, contrary to what's reported the fire fighters weren't all white I think one may have been hispanic. Secondly, she has ruled in a case that it was a man 1st amendment right to distribute offensive racist material...so how is she a racist! I'm sure she didn't agree with what he was distributing but had to follow the law..pls go read something before you comment.

Are we supposed to have EMPATHY for them?

Sotomayor may have ruled properly but sometimes the law is wrong.
As Single Mom said " It all seems pretty simple and basic to me.
To get promoted while enlisted in the Air Force, we had to take exams. Those that scored highest, including time in service and current grade, got promoted. Didn't matter what race or gender you were. You knew that if you studied hard then you had a better chance of scoring higher, hence of getting promoted.
So, considering that this exam was for promotion based on knowledge of the job, then why weren't the top scorers promoted? If people want to get promoted and know they have to take a test to EARN the promotion, then they should study for the test!!"

As the wife of a firefighter I want the LT directing the attack on the fire to be the best qualified. The firefighters all know what is on the tests – it is not a surprise. This isn't about applications that were rejected even though the applicants were qualified – it's a pass or fail to get promoted.....you want the promotion then study hard – if you need literacy help then ask for it and get it. I want the people running into the fire when everyone else is running out, to make it home.

Very foolish commenters out today. Ask yourself honesty how you would feel if you were denied a promotion you earned (by studying hard and passing a test) based on the color of your skin. Any honest person will admit they would feel mistreated.

That's what Sotomayor did to Ricci. You say she was following the law. The Supreme Court disagrees with you.

The fact is she followed existing precedent. Period. Don't let anyone tell you different because that would be a lie.

When do you stop reading with your fingers???? Is this guy serious??? My children read better.....

Ricci is a joke..... exactly what is wrong with our society....

A merit-based civil service system is not what this firefighter wants. It would reveal the huge resource disparity between white males and non-white males that is the case because this country has always been run by rich, white males. More public money would then go to minority causes and then perhaps the starkly underprivileged non-white population that just wants to make a living would get the education and training they need to, well, excel in the merit-based system. I, in contrast to this idiot, am all for this progression. Perhaps only then will both sides see what they have to do to get by, and work together.

@Susan, how is having a Supreme Court Justice with potentail racially biased ruling not relevant? Some of us happen to belive that the best qualified candidate should get a job regardless of their race, sex, age, etc. Her ruling in the New haven case just shows that she's not Supreme Court material.

@Kaci, the Supreme Court didn't 'make' law, it enforced the law. You know, the part where you don't discriminate on hiring because of race. Next time let the poor minorities get off their butts and study, as apparently the white and one Hispanic firefighters did.

Why do I feel like this Ricci guy is gonna turn out like Joe the Plumber – you know – that plumber who was never a plumber in the first place – and now he is being poopood by the very people who promoted him for their own benefit.

I live in the south. I can assure Black students are generally put in classes with less efficient teachers. If you want to have equal tests then how about equal rights. The fact that some white boys have been passed up for promotion will take this country another two years to catch up all the black folk who could not advance due to the color of their skin. No blacks above the Rank of Colonel, no blacks to hold rank in the navy, President Wilson wouldn't let blacks in the white house. This didn't happen in 1815 it has happened in my parents life time. Stop judging stuff you have no idea about. Walk in my shoes and then tell me about fair.

Folks, this is not about politics although the vote will be and many of you are trying to make it about politics. The overall makeup of this group does matter because they can make changes that will impact our daily lives. Everyone wants to spout being a Demo or a Repub, but not many will when this group makes a decision that matters to you. This is serious stuff, and it is being talked about like a 3 ring circus. Just think about how Ms. Sotomayor, working with some others on the court now and soon, might use her publically bias statement to cause a great hardship for you or your children. I say you would think differently.

Shut it up. you only got that ruling because it was a 5 to 4 vote, your lucky you still got a (JOB) This is just (GOP) tactics, the vote is Tuesday and Judge Sotomayor will be comfirmed by a (LANDSLIDE). We can see , when you see (WHINNERS) republicans arein the (MIX) .Why dont they go whinn to the other (JUSTICES) that voted against as well. Ricci is an extention of his (party) (THE LOST PARTY) The Party of Doom , (THE GOP) What a puppet of the (GOP). Go put out a fire,because (Sessions ,Colburn, Lindsey,and clown from arizona , have burned down their house. (PATHETIC)...........The (GOP) are in deep cow manure..... Ricci ,just want did you prove today ,(NOTHING)......

seem like ricci had alot of help from the gop on law, by the way who was your coach ricci?

why i some people are attacking this firefighter for doing nothing more than trying to advance in his job the right way. What is so wrong with that which causes such hatred amongst some of these posts.

Get a Clue, or better yet Get a Life

Sotomayor is a liar and a racist... it has shown in 8 out of
10 reversals of her decisions by the Supreme Court..

What ticks me off is that ALL of the MSN networks did not voer the complete hearings. I listened for 3 days while a bunch of racist bigots spouted a bunch of nonsense. If I heard any one of the Republicans bring up the "Wise Latina comment", I was going to throw up. How many times must they ask they same thing over and over again. They did not bring up one legitimate thing to cross examine her on! Then, after listening to them, they stopped the coverage. Does Cnn et al not realize that some of us would like to have heard some comments from her supporters? All they showed was Ricci. While Mr. Ricci may have had a valid complain, and won in the Supreme Court, the JUDGES followed the law as it was written. I am furious that we, the American people, were not given the opportunity to hear from the gallery to hear more insight of her as a human being, not just a bunch of bigots that ran with a tiny piece of thread!!!

Because Sotomayor ruled against Ricci does not automatically mean she was ruling based on race. It's one thing to disagree with the ruling, but quite another to invent and assign the intentions behind the ruling as being racially fueled. That's wildly inappropriate.

Why so conviently is the LATINO firefighter, left out while talking about the white firefighters, I believe he was involved in the case too? This case is supposed to cover "everyone" from discrimination.

She didn't reject it, she honored precedence. Oh that's right! The only time the right-wing nutjobs honor precedence is when their idealogues on the court use it to their favorite flavor of outrage.

Mr. Ricci – Four Justices agreed with Judge Sotomayor ruling which, by the way, was not of her own making (there were other judges that agreed with her and other who didn't, and she was among the majority).
By your words I see that you don't think that 4 Justices are doing their work as they should do (agreeing with you).

IT WAS "REVERSED" – Get over it and think about those who have suffered in the PAST – and still SUFFERING – because of "DISCRIMINATION"!!!

I do not get it, CNN? About one week ago, you said that only about 1/3 of the Republicans thought Sarah Palin was qualified to be President. Now, you are saying that there is a 3-way race for the Republican nomination for 2012, with Palin being one of those people? I am starting to believe the conservative conspiracy theories that you are messing with our minds.

I am an African-American. These firefighters have a valid point. Their job is one that any one of us would want done by the most qualified people if it were our lives hanging in the balance. I don't care if the whole department is white and male from top to bottom if it means my life and the lives of my loved ones will be saved.

A firefighter who's an expert on the law, too. What a waste of talent.

How about acting like a responsible citizen now Ricci. Justice has been served at the level where it is suppossed to happen, on the Supreme Court. Ricci, you are no hero, just a citizen who had his rightful day in court. Make sure, you practice what you preach now, you (Ricci) make sure we the people do not need help against discrimination.

Ricci the litigious ... never missed a chance to advance himself by filing lawsuits. What a joke.

I pray to God I never have to rely on this meat-head to help me. I'll take a truck full of black guys I've never scene or heard of. Throw this clown in the crayon bucket with Palin and Joe the Plumber. No thanks.

I think Ricci and the rest of the white firefighters from New Haven were WRONG to show up at Sotomayor's hearings.

They were there to harrass her. That is a crime.

If everyone who loses in a court decision shows up at an employment hearing that the judges become involved in in the future, we would have people being thrown out at gunpoint.

These white idiots should be ashamed of themselves.

I am a white woman from Oregon.

Their 15 min is almost over. She rule on case law of 38 years. The three panel judges could not rule without creating new law. The SC made a new law when they rule 5-4. The SC are now changing the laws. If the case was heard today, she would have rule with the SC.
Take a nigth commnity college class in law and you would have known this!
And we wander why the rest of the world is kicking our butt in education, health care and business. Sad!

This was not a "slam-dunk" case on either side. Even the Supreme Court was not 100% one way or the other. 5-4 is not a HUGE majority.

I don't think it's fair to use this case against Judge Sotomayor as an example of "judicial activism".

However, Frank Ricci has every reason to have his feelings hurt over the initial ruling. He clearly worked very hard to get where he wanted to be. He has every reason to be upset and his anger should be at more than Judge Sotomayor.

We, as a society, haven't figured situations like this one out yet.

At the end of the day, no one really won, but maybe we all learned something. That's the best we can hope for.

Seems to me the big issue is for minorities, especially blacks is that they can't deal with not having it both ways any longer. The you owe me attitude based on skin color is no longer a valid argument in America, we have a black (well almost) President. Racism in America is delivered and distributed equally rom all races and it is a learned behavior, remember that the next time you butt in line ahead of someone, let your kids go wild in public or throw your McDonald's bag out the window into the street. Stereotypes are like profiling, they are based on a pattern of observed behavior, you can only change it through your own behavior. Sotomayor gives every indication that she will be a left leaning liberal judge in the Supreme Court, I don't want to slide any further to the left in America, so I don't want her approved. Look around at what we've become, we better start bringing some morality and ethics back into our lives.

I believe that the test results should have been divided, not by scores among ethnic backgrounds. Perhaps the top 2 whites, top 3 blacks, top 3 hispanics, or whatever the make up was. Just because only whites passed the test does not mean that it is fair to pass over the black firemen. Where is the equality in this?

I won't argue the fact that people should be judged by their capabilities and not their color.
No argument.
But I believe that Sotomayor will be voted in thumbs up. She handled herself very well, and I don't think this Ricci case will be a determining factor.

It all seems pretty simple and basic to me.
To get promoted while enlisted in the Air Force, we had to take exams. Those that scored highest, including time in service and current grade, got promoted. Didn't matter what race or gender you were. You knew that if you studied hard then you had a better chance of scoring higher, hence of getting promoted.
So, considering that this exam was for promotion based on knowledge of the job, then why weren't the top scorers promoted? If people want to get promoted and know they have to take a test to EARN the promotion, then they should study for the test!!

Okay smooth brains see if you can follow simple fact – Sotomayor up heald the precident that had been established by previous courts in her district.
Nothing more nothing less.
If she were an "activist" judge, as the Repugs try to make the Fox viewers believe she is, she would have gone against the established precident.
Of course this some thing the radical-activist judge Scalia (who the Repugs idolize) would happily and great arrogance would do just to satisfy his selfish personal religious and social beliefs.

Mr Ricci is allowing himself to be used by the GOP to gin up more race based negativity.

Judge Sotamayor clearly stated the conditions under which she ruled and applied the same judicial restraint the right wing zeolots constantly whine about.

As usual the GOP and thier simple minded minnions want it both ways for political expediency.

That is the problem with being nominated to the Supreme Court. You know that you are going to have to put up with the Hate Speech that come from people who find that they cannot dominate the Court to achieve purposes in complete opposition to the constitutional law. If the firemen cannot use the court to enforce their hateful version of he Law, they are going to make that accusation against any nominee that is not in the clan of the favored side.

How was she being racist!

I seem to recall there were at least a couple hispanic individuals in the group that passed the test.

She explained why she made the ruling, and it made sense. Just because the rules said one thing before the Supreme Court changed them doesn't mean she wasn't doing her job.

This is like give Joe the Plummer a mic and asking him to comment on judicial rulings... neither has any real concept of what they are talking about.

As a firefighter, he's well acquainted with judicial jurisprudence, just like right wing talk show hosts.

They had their right to voice their opinion and ultimately they won their case. Judge Sotomayor APPLIED THE LAW. By the way, Bloomberg is a good guy to have in your corner vpuching for you.

a.k.a "We've alienated far too many Hispanics already..."

It is quota and race based. Everyone knows that. It is the same test, and the black did not fare well, thus it doesn't count. Explain to anyone that this has nothing to do with race? It is exactly this kinds of ruling that continues to divide this nation. The greatest sin is to allow this to continue. This does not help black at all in the end.

Ummmm one of the Firefighters was a LATINO!!! Rethugs are GRASPING and DESPERATE.

Why is everyone so bent out of control over a "Latina". The last time I checked there were 9 supreme court justices.Are we to suppose this woman is so powerful she could persuade 4 Judges to the dark side.
Get over it the supreme court in it's history has had at least 1 former member of the KKK. One Puerto Rican can't nearly do the damage to the Judicial branch of government as Cheney has done for the executive branch.

Hmmm...First there was Joe the Plumber...now the radical right is wheeling out Frank the Fireman.

Bottom line is that Judge Sotomayor's ruling was completely consistent with judicial precedence....and it was the Supreme Court that chose to establish new precedence. The right-wing wingnuts can't have it both ways – either she rules consistently with precendence and gets labeled a racist....or she overturns the law and is accused of legislating from the bench. Get your stories straight, Frank and friends.

The 2nd Circuit Court of Appeals — including Sotomayor — backed the city in the 2008 case Ricci v. DeStefano.

************************************************

Talk about discrimination - there are white men on the same circuit court panel that voted the same as Sotomayor. THEY aren't being denigrated – why? Prejudice?

I'll bet if the Republicans drug in all of the criminals she sent to the slammer they would say bad things about her too.

Of course, that wouldn't stoke the flames of racial resentment in white America. And that seems to be the last strategy that the party of Lincoln has left at this point.

How sad!

I know the Repubs want to throw around the word racist, and whip everyone up into an affirmative action frenzy – but the fact of the matter is all three judges on this case ruled correctly according to the law and precedent. It is the Supreme court that made law with it's ruling – which is not its constitutional role. Instead of being ruled by your emotions, read the law, precedent and the ruling in this case. It is the only conclusion that Sotomayor and her colleagues could have come up with. Only in America will white men want to change the law when it doesn't suit them. And the abject fear of a Latina being on the SCOTUS – well these guys are losing all the blood from their complexion. Go figure.

racist is as racist does........of course she's a racist........listen to her words and see how she has "judged".........typical scary liberal hack with a cause

Ricci,

Sorry, sir-what are your qualifications for saying this ruling is fundamentally flawed? I'm sure you know about the dangerous job of firefighting, and I apologize if this time you were caught in some of the cultural backwash in recent years, but that does not give you merit or qualification to rule on a Supreme Court judge's qualifications, does it?

I'm glad you can state your opinion openly and freely-aren't you? As far as that ruling went-the Supreme Court count was as close as possible, 5-4, so it was not an all-out condemnation of the earlier ruling by Sotomayor and her two fellow judges.

Is he a lawyer??? There are a lot of judicial decisions that I could judge as wrong – but that doesn't make me right. She ruled based on established precedent which is what judges are suppose to do. Is the person whose house burned down going to criticize him based on being racist because he let the house burn??

You have to love the reasoning for tossing the tests. The city was exposed to lawsuits if they permitted the results. And Sotomayor bought into that. Guess they didn't think they'd be exposed to suits if they did toss the results. Guess 3 decades of so-called legal precedents didn't figure on a reverse discrimination claim – either that or 3 decades of legal precedents assumed discrimination claims were a one-way street.

Well guess what, the city was sued and they lost.

Yet she couldn't come up the precedents that her decision was based on. And what happens if there are actually disparate abilities between two small groups? After all, this was a small group of firefighters. Do you award someone a job, even if they are incompetent, just to get a racial balance. Her ruling makes no sense. Heaven help us if she uses similar reasoning on the Supreme Court.

Just so everyone knows, anti-discrimination laws apply to whites, too.

Mr Ricci, she followed the LAW as set forth by the Supreme Court as she was supposed to and not on its merits which would have made her an "activist". In your case, the Supreme Court were the activists and the next case like this will be decided by the new case law.

Now you have had your 20 minutes of fame and it is time to go to work.

Amen to these firefighters that knew they were right and did what needed to be done in the face of racism. My hat off to each and every one of them!

The "dumbing" down of these types of tests does noone any good. It would be interesting to see what was in the test that caused African Americans to score lower on it.

Ricci is the biggest whining crybaby every.
All Sotomayor did was interpret then-existing precedent.
Ricci WON in the Supreme Court which implemented a new criteria.
Ricci may not be a lawyer but he is the biggest idiot ever for attacking Sotomayor on racial grounds. He doesn't understand that Sotomayor didn't make the decision based on personal views. Even though Sotomayor was reversed there were other judges that agreed with her opinion.