Like it or not, you gotta love it.
If you read the papers today you would see that the Supreme Court ruled 9 – 0 in favor of 6,000 black applicants for firefighter suing the City of Chicago. At least that’s the way it’s being reported.
While to phrase it that way is not completely untrue, it was absolutely not the intent of the court, or to be more precise the conservatives on the court, to pass any judgment on the actual lawsuit.
What the Supreme Court ruled on today was not the merits of suit, which was filed after blacks claimed they were racially excluded from the civil service hiring process, but rather that the suit itself had all the legal elements necessary to be heard.
This suit has been battered back and forth in the courts for the last 15 years. It came to be filed after Chicago held open exams to fill a few hundred firefighter positions in 1995. 26,000 applicants took the test. Because the number of applicants so far outnumbered the available positions, the City of Chicago put in a “cut-off” score of 89 or better for applicants to be considered. This “cut-off” meant a large number of minority applicants did not qualify for employment. The suit claims that the “cut-off” was racially motivated. The city, of course, disagrees. After several court rulings the US 7th Circuit Court of Appeals finally ruled the suit had no merit because the applicants had taken too long to file. It was that ruling and that ruling alone that the Supreme Court overturned today with their unanimous decision.
So why would Big Frick love the fact that the City of Chicago has to defend itself against a possible racial discrimination judgment that could reach $100 million? Most of you loyal readers know what I think of racial quotas in the workplace and in hiring. And for those that don’t let me explain; they suck. When Barack Obama waxed with his poetic flare and glycerin tears about the days when one of his daughters was very ill he did not mention that they took her to a black doctor, or had her cared for by a black nurse. No, the Obama’s sought out the most qualified medical personnel money could buy. Shouldn’t the rest of us have the same option? Shouldn’t the citizens of Chicago be given the best, most qualified applicants to protect their life and property? Not according to Congress. In the law passed in 1991 by Congress employers are not allowed to use an "employment practice" that had a "disparate impact on the basis of race." By those standards the Obama family should have been prevented, as employers, from seeking a doctor based on his superior knowledge of their daughter’s malady and forced to see a minority doctor who, for all intents and purposes, could have provided at least some level of medical care.
I love the court’s decision not because I agree with the lawsuit, but because the conservatives on the court did their job. They openly admitted that they disagree with the law as it is written. But they ruled on the law and not on their personal life experiences or their pie in the sky interpretation of how things should be.
Commenting on the decision Justice Antonin Scalia (one of my personal hero’s) said the law creates "practical problems for employers" and can "produce puzzling results." He concluded, however, "it is a problem for Congress, not one that federal courts can fix."
And that is exactly the point. The Supreme Court is not there to create law; it is there to uphold the constitution. If the law is flawed, as this law obviously is, it is a job for the “law makers” to fix, not the court.
This case may well end up back before the high court to rule on the law’s constitutionality, much like the case recently heard regarding the New Haven firefighters. But that was not the question before the court today. The question today was, is there currently a law that allows these applicants to file suit. Every single conservative on the court knows this is a bad law. But every single conservative on the court did his job and ruled yes.
The conservative justices did what they were entrusted to do. If you don’t like the law than take it up with the liberal nit wits that made it a law.
Your opportunity to be heard is coming in November.


