by Dr. Christopher Metzler, Georgetown University
As we worried about whether Michelle Obama should have touched the Queen, whether Bo (the White House dog) will be as famous as Barney and whether Levi Johnson of Sara Plain fame practiced safe sex all of the time, the Supreme Court of the United States was wading into the racial water with an American public that is now ensconced into "post-racial" cocoon because of the election of Barack Obama.
This week the Roberts court heard the case of Ricci, ET Al. In this case, several white and one Latino firefighter in New Haven Connecticut asked the Court to decide whether the city violated Title VII of the Civil Rights Act of 1964 and the United States Constitution by throwing out a promotion test in which the plaintiffs but no blacks scored high enough to be promoted. The rather clinical legal questions are:
- Whether the city's failure to certify the results of promotional exams violated the disparate (or different) treatment provisions of Title VII of the Civil Rights Act of 1964.
- Whether the city's failure to certify the results of the promotional exams also violated Title VII since Title VII makes it unlawful for employers to "adjust the scores of, use different cutoff scores for, or otherwise alter the results, of employment tests on the basis of race."
- Whether the city's failure to certify the results of the promotional examinations violated the equal protection clause of the 14th Amendment to the United States Constitution.
As clinical as these legal question are, they have significant real life political ramifications. Although the plaintiffs in this case are firefighters, the decision will affect employment law, affirmative action, diversity and they way in which employers and others seek to remedy the lingering effects of discrimination. The reality is that not everyone believes that discrimination still occurs in America since slavery has been outlawed, the Civil Rights Act of 1964 has been implemented and President Obama occupies the White House. Regardless of the position one takes on these issues, the significance of the Court's decision cannot be underestimated for many reasons, a few of which I have outlined below.
First, the Roberts court has not spoken on race in any significant way and is eager to do so. Of course, it is Justice Kennedy who will ultimately decide this case and both the liberal and conservative blocs of the Court will work to craft a decision which he can sign onto. The difficulty for the liberal wing of the Court is that this case is as much an ideological case as it is a legal one. Good old fashioned liberal ideology will require a decision which reaffirms the need for government to be zealous in forming race-conscious decisions. In order to uphold the city's decision, the liberal wing will have to convince Kennedy that the city's decision to refuse to certify the test results was based on the fact that the test impacted Black fire fighters negatively and worse because it ensured that none of them would be promoted.
Click to read from Dr. Metzler and other Black Scholars by clicking here.
15 comments:
If they failed the promotion test, they do not deserve to be promoted, regardless of what color they are. End of story.
Okay, so black people should get jobs not based upon performance but race? Are you racist? Do you think that black people are inferior to white people, therefore they must be helped by the system to get jobs they cannot earn themselves? How pathetic.
By the way, I am about to graduate with a B.A. in history.
Can we have a civilized discussion here without the name calling? Dr. Metzler presents the arguments in the case. We are having a hard time in this country addressing race becuase we fail to engage in open conversations without vitrol. It would be great if we talk about the issues and drop the school yard name calling. So rather than continue the hate, let's examine the issues. PEACE
Well see thats what the problem is. Lets be frank and honest; White people are getting SOOOOO tired how Black people try to bring up race as an excuse for the anti-social behavior, and bastardy rates, in their community. Until Black people take a good hard look in the mirror they will never solve these problems. But hey if blaming White folks makes you feel better go for it.
This case is not about black people blaming white people for anything nor is it about anti-social behavior. Wow, now I understand why the conversation is still stuck. The Man, the hate you have for black people is clear. All I want to know if if the tests were fair or not. Calling people names and talking about bastards does not get us there.
The Woman said blah blah blah blah blah. If I don't PERSONALLY owe you anything please quit bitching and moaning about what I owe you. Whats wrong? Having trouble taking care of your 3 babies by 3 different daddies?
"The Woman said...
Let's be frank. Black people are getting sooooo sick and tired of white people not taking personal responsibility..."
THEN QUIT LOOKING FOR A HANDOUT!!!
I bear no responsibility for what my ancestors may or may not have done over the last 400 years. Some readers on here may have parents or grandparents that committed horrific crimes in the past, should they have to continually reimburse their descendant's victims long after the crime occurred?
If the black community can never get passed the idea that the white community is responsible for every evil they endure, they will never really prosper. Forget about the past and embrace the future. Quit making excuses for failure; solve your own problems.
I know everyone thinks I am automatically a racist for holding these views, but that is certainly not so. I care not what one's color is; I care how a person conducts himself of herself and treats other people. Thomas Sowell, Herman Cain, Clarence Thomas, Alan Keyes, and others are black people I really respect for their political views and commitment to individual freedom. I am about ideas, not races, so please quit turning everything into a race vs. race struggle.
Amen!!!
Anonomous says 'it's about ideas, not races'. In a perfect world that might be the case but the fact is America is far from a 'perfect' world. The unfortunate truth is very different and it's precisely the kind of 'truth' that most white Americans seem unable to face. To ignore the historical facts and reasons behind today's situation is lazy and reckless.
El Rancho every country is "far from a perfect world." You want to play the blame game on why blacks are perennial under achievers? Start at the home we have WAY TOO MANY Shanequas who can't keep their legs closed, and WAY TOO MANY Quadtaviouses who can't stay from between them and out of jail.
Anonymous - stereotyping an entire race of people to justify your hatred and prop-up your flawed arguments simply doesn't wash. I'm white but live and work in a black community and I've rarely met a black person who isn't capable of doing anything as well as or better than a white person - given the opportunity. Wasted words on you, I'm sure - but I can't not respond to the rabid sickness that is racism and ignorance.
Check out El Rancho's profile. If it doesn't scream homo I don't know what does. He probably has a taste for dak meat so you know he is going to sell his own race out. What a jackoff.
I began to respond to the comments above but I've decided that there really isn't any point. I don't know why certain people commenting on this site are here. Perhaps they've been 'placed' here by racist groups just to spread hate and discord for the sake of it. Maybe, they are just so terrified of Dr Boyce, his intelligence and the truth of his commentary that they're lashing out in desperation. Whoever they are, whatever their agenda, they certainly have no interest in being engaged in sensible debate. I know Dr Boyce welcomes people with opposing views but I'm not going to waste my time 'casting pearls before swine' and will be ignoring the really ignorant and obviously racist posts in future.
There is, however, one positive thing about what they are doing; they provide a sobering reminder to other white people just how much sickness and evil exists in white America today.
Spoken like a true race traitor. Not to mention the fact that you're a nancy boy.
Post a Comment