From my new VDARE.com column:
New Haven’s attorney claimed that the city had strong evidence for discarding the test as invalid after finding out the results by race. But Justice Samuel Alito pointed out the preposterousness of that claim in a scalding rhetorical question:
"[The city] chose the company that framed the test, and then as soon as it saw the results, it decided it wasn't going to go forward with the promotions. The company offered to validate the test. The City refused to pay for that, even though that was part of its contract with the company. And all it has is this testimony by a competitor, Mr. Hornick, who said—who hadn't seen the test, and he said, I could do a better test—you should make the promotions based on this, but I could give you—I could draw up a better test, and by the way, here's my business card if you want to hire me in the future.
“How's that a strong basis in the evidence?"
Nor was Chief Justice John Roberts impressed by New Haven’s claim that they had to junk the completed test results because of the danger of being sued for discrimination against blacks under the “disparate impact” interpretation of Title VII of the Civil Rights Act. (Which is now, apparently, more important than the Equal Protection clause of the 14th Amendment). He said:
"CHIEF JUSTICE ROBERTS: It seems to me an odd argument to say that you can violate the Constitution because you have to comply with the statute."
Deputy Solicitor General Ed Kneedler barely got a chance to open his mouth before Roberts scoffed at the Obama Administration’s sincerity on race:
"MR. KNEEDLER: Mr. Chief Justice, and may it please the Court: This Court has long recognized that Title VII prohibits not only intentional discrimination but acts that are discriminatory in their operation.The last thing Obama wants is for the Supreme Court to issue a landmark, precedent-setting decision in the Ricci case. The public finds the courageous fireman plaintiffs to be sympathetic and the justice of their complaint to be commonsensical. Quotas could easily be scuppered based on this case.
CHIEF JUSTICE ROBERTS: With respect to both blacks and whites, correct?
MR. KNEEDLER: Yes.
CHIEF JUSTICE ROBERTS: So, can you assure me that the government's position would be the same if this test—black applicants—firefighters scored highest on this test in disproportionate numbers, and the City said we don't like that result, we think there should be more whites on the fire department, and so we're going to throw the test out? The government of United States would adopt the same position?"
Accordingly, the Administration is calling for the case to be remanded all the way back to a jury trial over whether the city acted with racial malice—i.e., Obama wants Ricci to go away, far away.
In reality, however, Ricci is not an unusual case with particularly complicated facts. It’s just business as usual in American society.
When President Obama graduated from Harvard Law School, he chose, out of hundreds of job offers, to work for a Chicago law firm that specialized in suing over purported discrimination against blacks. For example, as I point out in America’s Half-Blood Prince: Barack Obama’s “Story of Race and Inheritance,” Obama made one of his rare court appearances to accuse Citibank of not giving enough mortgage money to minorities. The Chicago Sun-Times reported in 2007:
"Obama represented Calvin Roberson in a 1994 lawsuit against Citibank, charging the bank systematically denied mortgages to African-American applicants and others from minority neighborhoods." [As Lawyer Obama Was Strong, Silent Type December 17, 2007 By Abdon M. Pallasch]
(By the way, how’s that working out for us these days?)