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Politics : Formerly About Advanced Micro Devices -- Ignore unavailable to you. Want to Upgrade?

To: combjelly who wrote (485032)	6/1/2009 10:15:15 PM
From: i-node	Read Replies (1) \| Respond to of 1576787

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.

To: combjelly who wrote (485032)	6/2/2009 1:00:43 PM
From: tejek	Read Replies (2) \| Respond to of 1576787

but if more cases like Ricci turn up then she ought to have account for them. It appears to be racist to me." Read the case first. If she had overturned it, she would have been the type of activist judge you claim she is. Plus, she was one of a panel of three judges. I don't think she could have overturned the ruling on her own without the consent of the other judges. The other part of this case that doesn't get much attention is the fact that the city was thinking of relying only on the test when promoting. Typically when advancing a person, the criteria for advancement is based on several things including a person's performance on the job......kind of like when getting your driver's license......first you take the written test and then you do some actually driving to prove you can do it. For some reason, only the test was getting consideration for this promotion which is a bid odd.