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Week of May 3, 2009 - May 9, 2009

A Perfect Storm: "No Discrimination" Is Not "Reverse Discrimination"


If you watched Hardball with Chris Matthews over the last couple of days, you might have heard something about about the "New Haven Firefighters" reverse discrimination case. Unfortunately, if you have depended on the media coverage of the case, you're not getting the full story.

Over the last couple of days, Matthews and Pat Buchanan have engaged in heated, and very ill-informed "discussion" of the firefighters' case. Joan Walsh of Salon.com was the flak target day one. Today, Matthews hosted Frank Ricci and his attorney Karen Torre to present the plaintiffs side. and John Payton of the NAACP Legal Defense Fund, which filed an "amicus curiae" (friend of the court") brief on behalf of the City of New Haven.

Perhaps this essay will give you to details you need to understand the case.

Bear in mind the City of New Haven won a summary judgement on all counts. In other words, the firefighters case was thrown out of court. It never made it to trial. Neither the district court judge nor the appellate court found anything compelling enough in the lawsuit that needed to go before a jury.

This case has been described as the "perfect storm" of discrimination law.

While most of the coverage has centered on Firefighter Frank Ricci -- the dyslexic fireman who studied hard, who paid $1000 for a friend to turn his textbooks into audio books, who ranked 6th on his exam -- as compelling a story as his is -- he is not the center of the story.

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"Code" Words


Isn't it amazing that the same people who are so deaf, dumb (mute, silent) and blind when it comes to code words regarding race, ethnic, gender, or sexual preference, can hear code words about "activist judges"?

Empathy means "activist judge." Real-world experience means "legislating from the bench." Respect the Constitution means "you're not a 'strict constructionist.'  ("Strict constructionist" as far as I can tell means "you need to believe in the parts of the Constitution I believe in and that's the part that protects my rights and not yours. In other words, working for civil rights and equality for all is not strict construction. Amending the Constitution to prevent gay marriage is strict construction. The "founding fathers" were against gay marriage, you know. I read it in the Strict Constructionist's Constitution.) 

 

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Jade7243

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  • Location New Mexico.... If I squint real hard on a clear day I can see Old Mexico before my eyes tear up.
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