Supreme Court Rules on Ricci v. DeStefano

In its opinion today in Ricci v. DeStefano, the Supreme Court came down solidly for upholding the equal protection of the law.

The political implications of this decision for the Sotomayor nomination are several, but her refusal to wrestle with the important issues at stake and to side summarily with the city, together with her many statements off the bench about “identity politics,” should make for very interesting confirmation hearings just two weeks ahead.

The Court reversed the decision of the Second Circuit panel on which Judge Sonya Sotomayor sat, which had upheld, summarily, the lower court’s decision to allow the city of New Haven to throw out the results of a racially neutral promotion exam for city firefighters after whites did better than blacks on the exam.

As the Court said, all the evidence suggests that the city rejected the test results because the higher scoring candidates were white. The city’s rationale for engaging in this intentional discrimination was to avoid a suit by black firefighters. But the city could take the position it did only if there were strong evidence that its test was racially biased or not job related or that there was some other equally valid non-discriminatory test that the city refused to administer. There was no such evidence, the Court concluded. Had the city been sued by the black firefighters, it would have won.

Thus, it’s rationale for throwing out the test results will not withstand scrutiny. The city engaged in outright intentional discrimination.

Federal University

There is no official word on this yet, but according to Inside Higher Ed the Obama Administration is putting the finishing touches on a proposed “National Skills College” that will include federally designed – and owned – courses:

The funds envisioned for open courses – $50 million a year – may be small in comparison to the other ideas being discussed. But in proposing that the federal government pay for (and own) courses that would be free for all, as well as setting up a system to assess learning in those courses, and creating a “National Skills College” to coordinate these efforts, the plan could be significant far beyond its dollars.

Darn right it could be significant! Washington would for all intents and purposes be on the way to creating a federal university, and not one like the service academies that is constitutionally justifiable under federal defense powers. No, this one would be completely and utterly unconstitutional, and would unfairly compete with lots effective private – including for-profit – institutions. And, of course, there’s the little matter of how this would be paid for.

I’ll have more on this as details become available.

The Importance of Just Saying No

George Will:

Conservatives are accused of being a party of “no.” Fine. That is an indispensable word in politics because most new ideas are false and mischievous. Furthermore, the First Amendment’s lovely first five words (“Congress shall make no law”) set the negative tone of the Bill of Rights, which is a list of government behaviors, from establishing religion to conducting unreasonable searches, to which the Constitution says: No.

Understating the Case against a New Government Health Plan

I just caught wind of Rep. Paul Ryan’s (R-WI) quip about President Obama’s proposal to have a new government health insurance program compete against private insurers:

Having the government compete against the private sector is kind of like my seven-year-old daughter’s lemonade stand competing against McDonald’s.

That understates the case.  McDonald’s doesn’t have guns.  It doesn’t use coercion or the threat of coercion against its competitors.  A better analogy is that Obama’s proposal is like having a kid’s lemonade stand compete against Al Capone.

Question Regarding Obama’s Signals Toward Latin America

How come President Obama can find time to call and congratulate Ecuadorian President Rafael Correa on his reelection (someone who has said that he prefers “a thousand times” to be a friend of Fidel Castro and Hugo Chávez than to be an ally of the United States) but can’t find time to meet with, or at least issue a statement supporting, Cuban dissidents at the White House as his predecessors did?

‘The Police Became a Mob’

Chief Judge Frank Easterbrook recounts the horrific police attack on Frank Jude in a ruling this month from the Seventh Circuit Court of Appeals. 

By way of background, Jude tagged along with some young ladies to a house party late one evening.  The party was mostly off-duty cops who immediately made Jude feel unwelcome.  Jude left after just 5 minutes, but several men followed him out to the street and accused him of stealing someone’s police badge.  Then the beating began:

Men punched Jude’s face and torso; when he fell to the ground, they kicked his head and thighs. The partygoers behaved as a mob. Not a single person in the house tried to stop the attack or even to call for aid. Jon Clausing, who had slashed Harris’s face, explained his conduct as “just kind of going along with everybody.” That is the way of the mob. Society has police forces to pose a counterweight to mobs, yet here the police became a mob.

Schabel and Martinez were on duty and had not been drinking, so they should have put a stop to the violence. Instead Schabel joined it, while Martinez watched. On being told that Jude had stolen Spengler’s badge, Schabel called Jude a “motherfucker” and stomped on his face until others could hear bones breaking. After telling Martinez “I’m really sorry you have to see this,” Daniel Masarik picked Jude off the ground and kicked him in the crotch so hard that his body left the ground. Jon Bartlett then took one of Schabel’s pens and pressed it into each of Jude’s ear canals, causing severe injury and excruciating pain. The men also broke two of Jude’s fingers by bending them back until they snapped. Spengler put a gun to Jude’s head and said: “I’m the fucking police. I can do whatever I want to do. I could kill you.” Bartlett used a knife to cut off Jude’s jacket and pants, leaving him naked on the street in a pool of his own blood.

The attack was so violent that it couldn’t be ignored.  Several officers were prosecuted, but the blue wall of silence kicked in and several officers committed perjury to shield their criminal acts.  Judge Easterbrook writes, “The distance between civilization and barbarity, and the time needed to pass from one state to the other, is depressingly short.” 

Read the whole thing (pdf).  Previous coverage here.

HT: Sentencing Law and Policy.