Judicial Activism On the Right!

Undoing Precedent and Ignoring State Laws

Undoing Precedent and Ignoring State Laws

Does the Supreme Court’s 5/4 Ruling  kill Affirmative action…

 and  Doom the Sotomayer  Nomination?

 

As in the Mark Sanford case, along with myriad other right wing preachers and politicians whose sins have recently been exposed, the so-called “strict constructionist” on the Supreme Court have proven to be shameless hypocrites.  After arguing ad nauseum against “judicial activism,” and the need for judges to show restraint and follow precedent in their interpretation of the law, the reactionary Republicans on the High Court have rendered a decision in the New Haven fire fighters case that shows contempt for legal precedent and bowed to the reactionary racist agenda of the Republican Party.

A commitment to following precedent and taking into account the wishes and intentions of the legislative branch in interpreting the law, has  been a mantra of the Republicans. But in the New Haven decision they genuflected before the altar of right-wing ideology, and precedent or legislative intent be dammed.  The rabid ideologues on the Court were no doubt hoping to kill two birds with one stone: the last vestiges of Affirmative Action and the nomination of Sonia Sotomayer!

No matter what kind of false face they try to put on this flawed decision, which reversed an opinion written by Judge Sotomayor on behalf of a three judge panel of the Federal Appeals Court, who reviewed a lower court ruling in behalf of the city of New Haven’s decision to scrap the results of a test given by the fire department to decide who would advance in rank, it was blatant judicial activism!  Since no black firefighters passed the test, the city concluded that they were open to a lawsuit under Title Seven of the Omnibus Civil Rights Act of 1964, which provides for relief from any promotional instrument whose results have a racially discriminatory effect, and they decided to scrap the test

I will not pretend that there are not thorny issues of conflicting claims in this case, but Judge Sotomayor and her colleagues were following both precedent and the law in their decision to uphold the lower court and rule in favor of the City.   The Republican glee that we are witnessing over the High Court’s  decision overturning the Court of Appeals only confirms what most astute observers of Republican politics already knew.   These justices are doing precisely what they were appointed to do: arrest the progress of  non-white citizens and women of all colors, and turn back the hands of the clock to a time when hetero-sexual white males got the most and the best of whatever there was to get!    But it ain’t over yet.  The struggle continues.

Frank Ricci and fellow White Fire fighters savor their victory 

Pat Buchanan is attempting to build a neo-racist movement On white male greviences

Pat Buchanan is attempting to build a neo-racist movement On white male greviences

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