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...case, Ricci v. DeStefano, is renewing debate over affirmative action, not least because it reverses a judgment signed off on by Supreme Court nominee Sonia Sotomayor. But the controversy over such programs goes back decades. It was President Lyndon Johnson who first attempted to combat inequality with laws taking race, ethnicity and gender into account. In a 1965 speech at Howard University, he argued that one could not expect a person "who, for years, has been hobbled by chains" to be able to compete with everyone else. Since then, supporters have praised the employment and education opportunities affirmative action...

Author: /time Magazine | Title: A Brief History Of: Affirmative Action | 7/13/2009 | See Source »

...Peña, which called for "strict scrutiny" in identifying discrimination to justify affirmative-action programs, Justice Clarence Thomas argued that such policies "stamp minorities with a badge of inferiority." Trying to balance competing concerns has tripped up employers and admissions officers for decades. In the wake of the Ricci ruling, it will be even trickier...

Author: /time Magazine | Title: A Brief History Of: Affirmative Action | 7/13/2009 | See Source »

...Ruling on Race In the most anticipated case on its docket, the U.S. Supreme Court sided with a group of white and Hispanic firefighters who sued after their passing scores on a promotion exam were thrown out because black applicants performed poorly on the test. The workplace-discrimination case, Ricci v. DeStefano, had drawn intense scrutiny because Supreme Court nominee Sonia Sotomayor had come to the opposite conclusion while sitting on a federal appeals court. The narrow 5-4 ruling, issued on the final day of the term, found that officials in New Haven, Conn., relied too heavily...

Author: /time Magazine | Title: The World | 7/13/2009 | See Source »

...race-driven agenda or believes in ethnic superiority. In the end (and, perhaps, thankfully), a Supreme Court Justice does not rule alone; nine justices participate in the decision-making process. As evidenced in the Court’s June 29 narrowly decided (5 to 4) case in Ricci v. DeStefano, we can glance at the particular wisdom of the justices from their participation in majority, concurring, and dissenting opinions...

Author: By Maritza I. Reyes | Title: Latina Experience and Wisdom Welcomed | 7/8/2009 | See Source »

...overturning Sotomayor's ruling, the high court's conservatives split in tone. In a concurring opinion joined by Justices Thomas and Scalia, Justice Samuel Alito criticized the Second Circuit, saying the claims by Ricci and the other firefighters were never sufficiently considered by the lower courts and that those courts had therefore denied them "evenhanded enforcement...

Author: /time Magazine | Title: What the Court's Firefighter Ruling Means for Sotomayor | 6/30/2009 | See Source »

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