Pure logical, and politically strategic, clarity (and a helpful reminder of what conservative values—and liberal values—really are), by the brilliant Charles Krauthammer.
Sotomayor: Criticize, then Confirm
WASHINGTON—Sonia Sotomayor has a classic American story. So does Frank Ricci.
Ricci is a New Haven firefighter stationed seven blocks from where Sotomayor went to law school (Yale). Raised in blue-collar Wallingford, Conn., Ricci struggled as a C and D student in public schools ill-prepared to address his serious learning disabilities. Nonetheless he persevered, becoming a junior firefighter and Connecticut’s youngest certified EMT.
After studying fire science at a community college, he became a New Haven “truckie,” the guy who puts up ladders and breaks holes in burning buildings. When his department announced exams for promotions, he spent $1,000 on books, quit his second job so he could study eight to 13 hours a day, and, because of his dyslexia, hired someone to read him the material.
He placed sixth on the lieutenant’s exam, which qualified him for promotion. Except that the exams were thrown out by the city, and all promotions denied, because no blacks had scored high enough to be promoted.
Ricci (with 19 others) sued.
That’s where these two American stories intersect. Sotomayor was a member of the three-member circuit court panel that upheld the dismissal of his case, thus denying Ricci his promotion.
This summary ruling deeply disturbed fellow members of Sotomayor’s court, including Judge Jose Cabranes (a fellow Clinton appointee) who, writing for five others, criticized the unusual, initially unpublished, single-paragraph dismissal for ignoring the serious constitutional issues at stake.
Two things are sure to happen this summer: The Supreme Court will overturn Sotomayor’s panel’s ruling. And, barring some huge hidden scandal, Sotomayor will be elevated to that same Supreme Court.
More reading on this topic abounds. Our own Ann Coulter attacked it this week.
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