Vocabulary Testing Required

Justice Ruth Bader Ginsberg, in her dissent from the majority opinion on the New Haven firefighter case (white firefighters sued when the city tossed out a promotions test because only whites scored high enough for promotion), said, "Congress endeavored to promote equal opportunity in fact and not simply in form. The damage today's decision does to that objective is untold."

I think Justice Ginsberg needs a vocabulary test. Equal opportunity was afforded -- they all took the same test under the same conditions. What she wanted was equal results. Opportunity is not the same as results. The newspaper says, "Federal guidelines presume discrimination when a test has such a disparate impact on minorities." Looks to me like it just means these particular minorities weren't smart enough or didn't study hard enough for promotion.

By the way, Justice Ginsberg and Judge Sotomayor will probably rule in lock-step once Sotomayor joins the Court -- the firefighter ruling that was overturned was by a panel including the wise Latina.

"White firefighters win case." The Dallas Morning News; June 30, 2009; p. 1a.