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Politics : Formerly About Advanced Micro Devices
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To: combjelly who wrote (485032)6/1/2009 10:15:15 PM
From: i-node  Read Replies (1) of 1576293
 

Read the case first. If she had overturned it, she would have been the type of activist judge you claim she is.

That's not true. This case will be overturned by the SC as it was poorly decided in the lower court and later by her.

The argument against her -- as set out in the dissent, was an abject failure to address the key constitutional issues.

It is important to note that a dissent in the nature of Cabranes' in this case is highly unusual. Had he not done so, it would have effectively buried the case, obscuring important issues (within the 2nd Circuit) which need to be brought before the Supreme Court.

Now, I'm no attorney. But in my former career, I did enough legal research and read enough cases and wrote enough briefs to know that ANYONE who is halfway competent can make a "good" argument for one side or the other. It is, however, the EXCEPTIONAL argument that wins. Both sides presented good arguments and you were only privy to the opinion in the lower court case.

The question that was raised is whether this governmental employer can just ignore the outcome of these examinations for promotion -- examinations which are decidedly neutral (racially), SOLELY because not enough blacks (in this instance) scored well on the test. This is a damned big deal that is worthy of further examination before becomes law -- in a one paragraph opinion -- in the 2nd Circuit.

I am confident the SC will overturn her on it.
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