Jun 29, 2009

SC Whites Ruling Has No "Staying Power," Says Ginsberg

Update: From the NAACP: "Today's decision in Ricci v. DeStefano is a step backward from the goal of equal employment opportunity. A narrow majority of the Court created a new legal standard that places additional hurdles in front of employers seeking to fulfill their obligations under this nation's core antidiscrimination law. The NAACP Legal Defense and Educational Fund, Inc. (LDF) is disappointed that five Justices departed from well-established precedents that were properly applied by the courts below."

More evidence that the U.S. Supreme Court has drifted into never-never land on matters of race.

In Ricci v. DeStefano (07-1428 & 08-328), the white firefighters case, the Roberts-led court again proposes a nation where racism against blacks is a distant memory.

Another 5-4 majority opinion for the rightwing imagination, this time written by Justice Kennedy.

Justice Ginsberg is harsh in her dissent.

"The Court’s order and opinion, I anticipate, will not have staying power. ... The Court’s recitation of the facts leaves out important parts of the story," said Justice Ginsberg in her opinion read from the bench.

Kennedy, 73, is a swing vote who has mostly voted with the Court's Soviet bloc - Roberts-Alito-Thomas-Scalia - on cases involving race.

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