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Location: Florida

I moved to the U.S in 1972 hence MiddlePassage72. I am married with two sons.

Monday, June 29, 2009

Today the Supreme Court ruled in the firefighters case that the City of New Haven Connecticut improperly threw out the promotional test because the city was afraid that it would be facing a disparate treatment suit.

I won't say that I was surprised by the outcome as we have moved from a position that this countries history of discrimination must be forgotten and all of a sudden we must be careful to ensure the laws are followed. What a short memory what a spin.

Additionally, how can two sets of eyse see the same set of facts and come down so differently.
Judge Alito's concurrence was amazingly contrived, arguing that the city's decision to throw out the promotion test was a mere pretext because the city and mayor were afraid of pleasing a political faction in the city led by an african american pastor. How disapointing that his concurrence was based on such an emotional and nonsensical argument. I agree with Justice Ginsburg dissent that since when has the loudest voice made any difference in a city's decision after all there were obviously voices on the other side.

I have said this often the fact that american now wants to play by the rules and have everyone judged by the color of their skin will be to our advantage. We better get it right now before they decide to change the rules in their favor again.

Let Roberts and Scalia and Alito tell us their decisions were not based on their cultural biases.

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