Judge Sotomayor is often criticized for being part of the three judge panel that ruled a Fire Fighter's test had to be thrown out because no blacks were promoted based on their scores. The Hispanics and Whites outscored the black Fire Fighters. Using typical left wing logic, Sotomayor suggests the test must be flawed. Fire fighting is the same regardless of your color. How can a test on fire fighting knowledge be discriminatory? Wouldn't it be dangerous to put the least knowledgeable Fire Fighters in charge?
From Flopping Aces Blog:
The Wall Street Journal got their hands on a recording of the Ricci v. DeStefano hearing that is much talked about when Sotomayor’s name comes up.
JUDGE SOTOMAYOR: Counsel … we’re not suggesting that unqualified people be hired. The city’s not suggesting that. All right? But there is a difference between where you score on the test and how many openings you have. And to the extent that there’s an adverse impact on one group over the other, so that the first seven who are going to be hired only because of the vagrancies [sic] of the vacancies at that moment, not because you’re unqualified–the pass rate is the pass rate–all right? But if your test is always going to put a certain group at the bottom of the pass rate so they’re never ever going to be promoted, and there is a fair test that could be devised that measures knowledge in a more substantive way, then why shouldn’t the city have an opportunity to try and look and see if it can develop that?
KAREN LEE TORRE: Because they already developed it, your honor.
JUDGE SOTOMAYOR: It assumes the answer. It assumes the answer which is that, um, the test is valid because we say it’s valid.
KAREN LEE TORRE: The testing consultant said it was valid. He told them it was valid…. They had evidence that the test was job-related and valid for use under Title VII.
I can’t wait to hear the evidence that Sotomayor has that would prove the test was “always” going to put certain groups at the bottom of promotion lists.