I agree with that, but I'm curious. You would prefer a moderate on the bench so why are you so quick to jump to her defense?
Please explain if its the court she presides on, and there is no dissenting opinion, how it is not her ruling? She ruled in favor of the city. The ruling in favor of the city was overturned. I understand it was a close vote (essentially party lines), I understand the concept that the Supreme Court isn't going to hear cases they don't think have any possibility of being overturned. I get that if she had heard this on the Supreme Court, she wouldn't have swayed the vote. You made my point for me in that the republicans are making this personal for her. Which makes me believe there could be some fireworks in Washington come time for her hearings. You don't have to agree, that's fine, but you don't need to preach to me about how the courts and judges work. Please refrain from calling me kid, I didn't call you an old goat :grin: PS. I like your jessica rabbit avatar better
While it may not be her ruling individually she clearly agrees with it and one could characterize it as her ruling. I read Biddy's entire dissent from that pdf file and she gave Sotomayor the exact defense she will use when questioned by republicans. It seems Biddy purposely made that grand standing oral retort from the bench to help Sotomayor. I completely disagree with Biddy's stupid dissent. She blames the test, not the test takers, and uses another ridiculous supreme court ruling (the Michigan law school issue) as a basis for her argument. She goes overboard siting case law from 30 and 40 years ago to substantiate her dissent when the evidence in this case isnt even remotely related to any of those cases. Thank god Bush got Alito on the court.
From what I understand from this case, they gave the test to 77 candidates for lieutenant and 41 candidates for captain. 56 passed the exams, 41 whites, 9 blacks, and six hispanics. But only 17 whites and 2 hispanics could expect promotion. Why was this the case? Did they score higher on the test. Was just passing the test not enough for promotion? I dont know. The Supreme Court got it right, the city was wrong to throw out the exam in fear of litigation. Thats a cop out by the city. Its stupid because if only 17 white did well enough to expect promotion then 24 whites failed to do well enough, 0 blacks and 4 hispanics. The weighted average of each race coincide with the average that failed. Except the hispanics. I am torn about how I feel about Affirmative Action and case law from 40 years ago. Racism still exist,but this was just stupid on the city's part. Simple statistics could have been their defense in any law suit resulting from this test.
Well she's the nominee and I think she's qualified. Obama must maintain the liberals already on the current conservative court and she's closer to the center than many others. It's when he has to replace a conservative judge, then he has the opportunity to move the court to the center by creating a swing vote. The court was at its best when moderate O'Connor stood between 4 liberal and 4 conservative judges. They all had to be flexible and pragmatic to sway her vote. I'd like to see three conservatives, three moderates, and three liberals.
It is proper to say she was a part of the Appeals Court ruling, but not so to call it her ruling, because the ruling was not authored by her, as is the custom in the appeals court. I don't suggest that she dissented, only that it was a joint ruling, not an individual ruling. An error. I glanced at your name quickly and thought it was Tigerkid instead of Tigerbnd. No offense intended.
So you think that Sotomayor is going to move toward center? Whatever gives you that idea? She thinks white men are stupid.
No, I said that there were much more liberal judges that he could have appointed. No, she thinks Latin women are smart.
I wasn't offended, just having fun that's why I put :grin: I was refrencing the fact that young goats are sometimes called kids. Hence the old goat term for you, and now its no longer funny that I have explained it. :rolleye33:
