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Second Circuit: race-conscious discarding of test results OK
Point of Law.com ^ | 6-13-2008 | Walter Olson

Posted on 06/15/2008 12:26:35 PM PDT by stan_sipple

The city of New Haven, Connecticut, went to great lengths to devise a firefighter test that would not have "disparate impact" on minority applicants, but when the results of the 2003 test-taking came in, applying the city's "Rule of Three" which required selection from among the highest scorers, "no blacks and at most two Hispanics would have been eligible for promotion to captain and no blacks or Hispanics would have been eligible to make lieutenant". So the city civil service board vacated the results, frankly acknowledging that it was in search of better minority hiring numbers. White applicants sued and were thrown out of court by District Judge Janet Bond Atherton, who was upheld by a Second Circuit panel. Now a sharply split full circuit has refused en banc rehearing, with Judge Cabranes for the dissenters formulating the core question: "May a municipal employer disregard the results of a qualifying examination, which was carefully constructed to ensure race-neutrality, on the ground that the results of that examination yielded too many qualified applicants of one race and not enough of another?" (New York Law Journal).

The publication yesterday includes two concurring opinions (by Parker and Katzmann) as well as the one dissenting (Cabranes). Our spies tell us that other opinions in the case, not yet published, are likely to be of interest too.


TOPICS: Government; Politics; Society
KEYWORDS: affirmativeaction; affirmativeadvantage; discrimination; disparateimpact; firemen; govwatch; judicary; racsism; testing

1 posted on 06/15/2008 12:26:36 PM PDT by stan_sipple
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To: stan_sipple

To put it mildly, this is absolute crap. They’re completely discriminating by race, and they know it. The advantage to having a “diverse” unit? Somebody? There must be one....


2 posted on 06/15/2008 12:32:04 PM PDT by CaspersGh0sts
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To: stan_sipple
In other words, does the US now openly support racist hiring practices so long as certain races benefit and certain other races do not benefit?

Ya' think?

3 posted on 06/15/2008 12:34:51 PM PDT by YHAOS
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To: CaspersGh0sts

4 posted on 06/15/2008 12:36:08 PM PDT by realdifferent1 (I hope the 'War on Terror' goes better than the 'War on Poverty'.)
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To: stan_sipple
We will never heal the racial divide in this country until all race-conscious metrics are permanently outlawed. The only relevant standards for performance of a job are, and ought to be ability, knowledge, desire, and effort.

Unfortunately and to our detriment, we are currently headed in the opposite direction. Race-based remedies are poisonous and ultimately debilitating to those they purport to help. That liberals still fail to understand this fact is a result of ignoring evidence in favor of feelings, wherein innocent people are made to pay the price for their misplaced guilt.

5 posted on 06/15/2008 12:38:45 PM PDT by andy58-in-nh (Peace is Not The Question.)
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To: stan_sipple
Damn - whitey did better than expected - THROW OUT THE RESULTS.
6 posted on 06/15/2008 12:40:27 PM PDT by 2banana (My common ground with terrorists - they want to die for islam and we want to kill them)
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To: CaspersGh0sts
They’re completely discriminating by race, and they know it.

Apparently, the city was pretty open and direct about it in court. They took the position that racial discrimination does not violate the constitution -- if whites are the victims. Their position has now been upheld in court.

7 posted on 06/15/2008 12:43:06 PM PDT by San Jacinto
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To: stan_sipple

I guess some pigs are more equal than others.

Sucks being forced to sit at the back of the equality bus.


8 posted on 06/15/2008 12:45:24 PM PDT by Tzimisce (How Would Mohammed Vote? Obama for President!)
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To: stan_sipple
White applicants sued and were thrown out of court by District Judge Janet Bond Atherton, who was upheld by a Second Circuit panel.

As I recall, the Kelo decision established the precedent that the US Constitution is null and void in the State of Connecticut. The courts are merely following a precedent affirmed by the US Supreme Court.

< cynicism /off >

9 posted on 06/15/2008 12:46:10 PM PDT by DeFault User
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To: stan_sipple

It just gets worse and worse.


10 posted on 06/15/2008 1:07:41 PM PDT by popdonnelly (Does Obama know ANYONE who likes America, capitalism, or white people?)
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To: stan_sipple
Nothing happening here to be concerned about, folks. Just Democrats following their standard modus operandi:

If you don't like the results, just keep counting the ballots until you do.” (Bush-Gore 2000, WA State governor's race 2004)

If you don't like the outcome of the primaries, just change the rules after they have started. (Obama-Clinton 2008)

If you don't like the results of the job testing, just throw the examination out. (New Haven, Connecticut 2008)

Seems the Democratic party is getting tired of the democratic process.

11 posted on 06/15/2008 1:17:43 PM PDT by Captain Rhino ( If we have the WILL to do it, there is nothing built in China that we cannot do without.)
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To: andy58-in-nh
Race-based remedies are poisonous and ultimately debilitating to those they purport to help. That liberals still fail to understand this fact...

They understand. The results are exactly what they intended. Do not underestimate their malice.

12 posted on 06/15/2008 1:38:03 PM PDT by 17th Miss Regt
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To: 17th Miss Regt
They understand. The results are exactly what they intended. Do not underestimate their malice.

Never attribute to malice that which can be adequately explained by stupidity. Or, as in this case: by vanity. Some liberals who reflexively support affirmative actions are undoubtedly malicious in their need to "hurt" The Man (a/k/a "Mighty Whitey"). But I believe that is just another expression of solipsism, or if you prefer, extreme self-involvement. It makes them feel good about themselves because they are so wonderful and caring and decent, unlike those mean, nasty, awful Rethuglicans. Excuse me for being blunt about it, but it is a form of social masturbation in which self-gratification takes precedence over the need for reflection, much less modesty.

13 posted on 06/15/2008 1:48:39 PM PDT by andy58-in-nh (Peace is Not The Question.)
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To: stan_sipple

Discrimination against White males is very common in government jobs. It is illegal and unconstitutional. Apparently we now have the courts which have decided to throw away the constitution.


14 posted on 06/15/2008 2:11:55 PM PDT by Leftism is Mentally Deranged
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To: Leftism is Mentally Deranged

and dangerous, I want the very best firemen saving my butt from a fire, black, white, brown etc


15 posted on 06/15/2008 2:28:58 PM PDT by stan_sipple
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To: stan_sipple

Imagine the judges a President Obama would appoint—and the decisions they would hand down.


16 posted on 06/15/2008 2:36:58 PM PDT by Savage Beast (VOTE REPUBLICAN! = VOTE ANTI-DEMOCRAT!)
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To: YHAOS

“.... new boss same as the old boss....” (music to follow).


17 posted on 06/15/2008 4:10:54 PM PDT by muawiyah
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To: Savage Beast
All of Obamasama's judicial appointments would definitely be totalitarians ~ just like his old lady, his mother and probably his grandmother.

I would put it past his aunt (or grandmother) in Kenya to also be of that persuasion.

Guy just can't think outside the box. In reality an Obama administration would be both corrupt and boring.

18 posted on 06/15/2008 4:12:38 PM PDT by muawiyah
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To: CaspersGh0sts

“The advantage to having a “diverse” unit? Somebody? There must be one....”

Extrapolate out included all public/private biz and you delay a race war.


19 posted on 06/15/2008 4:14:29 PM PDT by Rebelbase
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To: muawiyah
"Obama administration would be both corrupt and boring."

Corrup, boring, and terrifying--i.e. stalinist.

20 posted on 06/16/2008 6:14:01 AM PDT by Savage Beast (VOTE REPUBLICAN! = VOTE ANTI-DEMOCRAT!)
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To: stan_sipple

This problem will take care of itself. Today, half of the children under five are minorities [as classified by the USG]. And by 2050, non-Hispanic whites will be 47% of the population, i.e., a minority just like everyone else. Problem solved.


21 posted on 06/16/2008 6:19:13 AM PDT by kabar
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To: Savage Beast
Hannah Arendt - "the banality of evil"; Sholzenetsyn - "25 years? That's the penalty for nothing at all."

It will be much worse here since so few are guilty of anything. Michelle is already dripping saliva anticipating the search for the guilty people who made her so terribly unhappy.

22 posted on 06/16/2008 12:42:01 PM PDT by muawiyah
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To: stan_sipple

a guy I worked with in Boston a few years ago took the civil test to become a fireman.

He never got the job because they told him that the black guyn who got less in his test would get the job as they wanted more minorities

He sued

Not sure what the outcome was as I moved south since, anyone ever heard about this case, it was him and another white guy who sued.

Also when they say they want more minorities then if a city has only 6% of blacks why are they getting 15 and 20% of the jobs.

This affirmative action is the most blatent racist programme I have ever known and the liberals encourage this racism

disgusting.

Anyone???????????????

Can this programme be took to the supreme court and be got rid of?????????????

If so why has it not been done, even gingsburg(sp) can see how racist it is

and with now a half black man and a black woman running for the white house then surely this shows affirmative action is not needed


23 posted on 06/18/2008 9:12:38 AM PDT by manc (a natural normal marriage is between a man and a woman a sham perv unnatural marriage is what Ma has)
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To: Rebelbase

my wife is working with some blacks right now as I type, ‘she came home yesterday and said that they are complete idiots, they have no idea on what they are doing and they are in charge of her group.

what ever happened to the best person for the job, not get the simpleton and make him in charge.

How do I tell my children that you do good in school , etc etc but if you apply for that dream job you have worked hard for you cannot have it as the idiot with no knowledge will get the job because they like to see a black face


24 posted on 06/18/2008 9:15:27 AM PDT by manc (a natural normal marriage is between a man and a woman a sham perv unnatural marriage is what Ma has)
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