June 29, 2009 - In today's decision on
Ricci v. DeStefano, the Supreme Court rejected reverse
discrimination as practiced by New Haven, CT. The city had denied
promotion to deserving firefighters because of their race. Today's
ruling is a telling blow against invidious racial
discrimination.
"This decision strengthens our protections against
discrimination and shows that those laws protect all Americans,"
said Ed Meese, chairman of The Heritage Foundation's Center for
Legal and Judicial Studies.
A former Attorney General, Meese added, "Our Constitution
guarantees equal treatment under the law regardless of race. Quotas
and preferential treatment based on race and ethnicity are unfair
and deny equal treatment. The Supreme Court deserves praise for
taking a stand against this type of discrimination."
The decision overturned a ruling by the Second Circuit Court of
Appeals, "The Supreme Court has completely repudiated the actions
of Supreme Court nominee Sonia Sotomayor in this case," said Robert
Alt, deputy director of the center. "Judge Sotomayor tried to bury
the case, not even bothering to address the constitutional issues
that the Supreme Court found meritorious. It raises serious
concerns about her legal judgment and particularly her evident bias
in favor of racial and ethnic group preferences."
Alt added, "We are fortunate the Supreme Court reversed
Sotomayor's lower court decision that would have allowed employers
to engage in discrimination as long they were discriminating in
favor of certain racial and ethnic groups."
Hans von Spakovsky, a Legal Scholar at Heritage and former
Counsel to the Assistant Attorney General for Civil Rights at the
U.S. Department of Justice, applauded the Supreme Court's ruling as
well.
"The Supreme Court reached exactly the right result," he
said.
"If they had upheld Judge Sotomayor's view, it would have been a
complete betrayal of our basic legal and Constitutional requirement
that all Americans are entitled to equal treatment. Employers,
particularly governments, do not have a right to discriminate based
on race."
Von Spakovsky added that, in his opinion, "Judge Sotomayor's
willingness in the Ricci case to allow her admitted
personal biases towards certain racial and ethnic groups to affect
her judging raises serious questions about her qualifications to
sit on the Supreme Court."