Conservative media claim Supreme Court decided Ricci "9-0" against Sotomayor
SUMMARY: Several conservative media figures have claimed that the Supreme Court's 5-4 decision in Ricci v. DeStefano is a "9-0" decision "against" Sonia Sotomayor.
Following the Supreme Court's decision in Ricci v. DeStefano -- which reversed by a 5-4 margin a decision by the 2nd U.S. Circuit Court of Appeals -- several conservative media figures have claimed that the Supreme Court decided "against" Supreme Court nominee Sonia Sotomayor "9-0." In fact, while Justice Ruth Bader Ginsburg wrote in her dissent that "[o]rdinarily, a remand for fresh consideration would be in order" and that "I would not oppose a remand for further proceedings fair to both sides," she concluded, consistent with the 2nd U.S. Circuit Court of Appeals decision, which Sotomayor joined: "[W]hat this case does not present is race-based discrimination in violation of Title VII."
In her dissent, joined by Justices David Souter, John Paul Stevens, and Stephen Breyer, Ginsburg also wrote:
Applying what I view as the proper standard to the record thus far made, I would hold that New Haven had ample cause to believe its selection process was flawed and not justified by business necessity. Judged by that standard, petitioners have not shown that New Haven's failure to certify the exam results violated Title VII's disparate treatment provision.
Less than an hour after the Ricci decision was announced on June 29, conservative Ed Whelan wrote a post for National Review Online's Bench Memos blog headlined "9-0 Against Sotomayor." Whelan noted that Ginsburg did say "if final adjudication by this Court is indeed appropriate, New Haven should be the prevailing party." Linking to Whelan's post, NRO's Kathryn Lopez tweeted: "9-0 Against Sotomayor."
Similarly, Laura Ingraham tweeted: "Re. the SCOTUS Ricci opinion...ignore spin that case not impt bc 5-4...it was 9-0 on Soto's summary judgment of firefighters claims!"
Shortly after noon, Rush Limbaugh claimed on his radio show: "If you read Ruth Bader Ginsburg, you'll find out it's a nine-zip decision because even those in the minority found that the 2nd Circuit botched this totally by not even having a trial. They just found for New Haven in summary judgment."
I think it's a crying shame that the city tossed out the exam results for the reason they did. But it does not constitute a Title VII violation, because the white guys can't show "disparate treatment" under the law. Everyone got treated in the same dumb way and no one was promoted over the heads of the white guys who qualified.
The strict reading of the law, as done here by Ginsbug and Sotomayor, may not render the most just verdict, but it is undeniably the legally correct verdict. The firefighters should not have prevailed on the grounds they claimed.
But that has never stopped Scalia, et al. before and it didn't this time.
In which case, the wingers are actually attacking Sotomayor for embracing precedent and refusing to "legislate from the bench."
That's obviously quite inconsistent with the wingers' usual arguments, but since intellectual consistency requires a certain among of intellectual integrity, that's no problem for these folks.
As for the claims it was 9-0, it's an example of #13 of my rules of conservative argument: "When all else has failed - and even when it hasn't - lie."
I still do not get how they do it and why?
1. Elected officials of the city took the decision they took.
2. Sotomayor agreed with their decision (including 2 other judges that made it a 3-0 agreement) that they were right.
3. SCJ rules on 5-4 against it.
All 3 statements are 'facts'.
Opinion: Did not the SCJ (5-4) rule against elected officials? Is that not 'legislating from the bench'?
I will not even write about why it is not a 'serious rebuke' against Sotomayor's judgement.
She will judge fine.
Thomas is the guy I am worried about. Who confirmed him?
How: Money from right-wing filth...
Why: Because no one has had the balls yet to put these punks in their proper place!
That my friend... is one of the most profound statements I have ever read as it pertains to the right-wing filth of our country and their ever expanding embarrassment they provide.
Prop 8 vote
Fresno targeted as 2010 battle
Poll on repeal of Prop 8
Anyone with a working brain knew what those despicable Props were: A way for the right-wing Christian base to try and have its way through deception and lies!
Here
Prop 8 was created for the sole purpose of keeping gays and lesbians from having equal rights that everyone else enjoys!
Gays and lesbians are legally allowed these rights in Vermont. Last I checked, Vermont did not explode nor civil society break down.
This same kind of BS occurred during the founding of this nation when several conservatives and religious types did not originally want America to be free, but subject to the King of England
A civil war was fought in part because white Christian males could not accept that blacks were human and had a God given right to be free
During Woman's Suffrage where the white man claimed women having equal status would lead to the end of society
During the time of the Civil Rights movement... same thing (only several whites scared other white people by claiming that the black man would rape their women and eat their kids)
Now, during the time of equal rights for gays and lesbians... here we go again.
It's always conservatives and the Christian church leading the way...
After 230 years of history of this kind of crap happening... how many more 'facts' do you need?
As for your 230 year re-cap, I think you're applying 21st century values to most of your examples and judging on that basis. That is a debate for another day though...
With all due respect, this is really a big "taking responcibility for one's actions head fake"! People, be they cave men or southern whites or conservatives in CA. have always understood right and wrong. Cave men hit women over the head and dragged them back to their cave, not because they didn't understand that it was wrong, they did it because they knew they could get away with it. During slavery, rape was the order of the day. Do you really think those white men didn't understand that it was wrong? People do unto others because they know they can get away with it. When black people are concerned, evil doers know that all media (not just conservative media) wil protect them. In Europe, they don't talk of chads and dimples when they speak of Florida 2000, they talk about not letting thousands of black citizens vote. Look what our denial has cost this nation!
The Hispanic guy that passed studied hard and hired a tuder all to get his advancement thrown out because others couldnt read.
[/sarcasm]