Posts Tagged ‘ricci’

Ricci Redux?

February 23, 2010

Steve Sailer (no surprise there) writing at Vdare.com (again, not surprising) is all over another entrance exam for firefighters challenged as being “discriminatory.”  This one is in Chicago.  Apparently Chicago gave an entrance exam for prospective firefighters. 

“Anyone who scored 64 or below was deemed not qualified. But the city set a second cutoff score of 89 points. Officials told applicants who scored below 89 but above 64 that although they passed the test, they likely would not be hired because of the large number of people who scored 89 or above. The majority of those in the top-scoring group were white; only 11 percent were black.”

Well, blacks do appear to make up about 34% of Chicago residents, but what was their proportion of the test-takers…you know…the percentage that would actually show how different the actual results were from the results that would be expected assuming no group differences in ability. 

The Supreme Court isn’t determining whether or not illegal discrimination actually took place, but whether or not the black applicants can still sue.  Apparently under law, “people are supposed to sue within 300 days after an employment action they seek to challenge.”  However, “the first lawsuit in the case was filed on March 31, 1997, 430 days after the city announced the results.”

Every possible effort is made to hand the world to blacks on a silver platter.  All they have to do is just show up to the hand-out line within 300! days, and they still can’t even manage that.  Again, the Richard Hoste joke…nay…soon to be proven prophecy…that pretty soon we’re going to have to start “paying state workers to put dollar bills under the pillows of blacks while they’re sleeping.”

The black applicants’ argument seems to be that every time a white firefighter was hired instead of a black, between 1996 and 2001, “a new act of discrimination” occurred, and the 300 day limitation started over again.  The article states that “the court is expected to make a decision before fall.”  It sounds like they’re going to fold.  The article also stated that “the Supreme Court on Monday seemed willing to let a group of African Americans sue Chicago.”

No surprise here, but Sonia Sotomayor and Ruth Bader Ginsburg are both quoted as favoring the black applicants.  The AP article also had this little passage:

“Deputy Solicitor General Neal Katyal argued that if the court allows the city of Chicago to hire using its flawed method, that will tell employers they can get away with a discriminatory test if they manage to avoid a lawsuit within the 300-day limit .”

I’ll give them credit, the Obama Administration sure is active in supporting quotas.  Do you really think a McCain administration would have been as active…or active in any way…in opposing them?  I checked on Neal Katyal.  Apparently this guy is a young minority legal “wunderkid,” “who successfully [defended] Salim Hamdan, Osama bin Laden’s chaffeur, before the U.S. Supreme Court in 2006.”  He was also a Georgetown Law professor at age 27.  So basically, this guy could punch his own ticket anywhere in the legal profession, and probably make millions of dollars.  Why take a second-string civil service position?  Probably for the ability to work on anti-white cases like this.  Call it a labor of love.  According to the Department of Justice’s website, “the Office of the Solicitor General is tasked to conduct all litigation on behalf of the United States in the Supreme Court, and to supervise the handling of litigation in the federal appellate courts.”  So why was the Solicitor General’s office getting involved in this anyway?…The U.S. Government wasn’t being sued?  Probably because the Solicitor General is Elena Kagan.  Again, former Dean of Harvard Law, tons of accolades, she could definitely do better than this position in terms of wealth, glory, or prestige.  Why take it if not to harm whites?

Sailer asks:

“Will anybody nationally come to the defense of the Chicago firemen most qualified to save lives?”

Yeah…I’m sure National Review’s working on a cover story for this right now!  Actually, I don’t know…this Katyal guy defended Bin Laden’s driver…and “terrorism” seems to be the sole concern of the modern “conservative” movement…maybe we could use that.  You really think help is on the way?

Sotomayor, Bader Ginsburg, Katyal, Kagan…the best legal minds of the non-White-gentile world take pay cuts to advance their hatred of us.  The best and the brightest of the White-gentile legal world stay awake at night dreaming up legal justifications for torturing Israel’s enemies.  Yep…”the future’s so bright I gotta wear shades.” (Timbuk3)

Advertisements

Required Reading: The Best of Sailer

February 13, 2010

A couple of months ago, when Ricci and Sonia Sotomayor were all over the news, Steve Sailer wrote a ton of articles about the case/nomination, and about AA and “disparate impact” in general.  If you are new to the topic, or if you want to learn more, his writings are a great place to start.  Sailer has a sharp mind and a sharper wit, and manages to demolish the arguments of quota-supporters.  Here are some of his articles that you should check out:

http://www.vdare.com/sailer/090406_graduate_school.htm

http://www.vdare.com/sailer/090419_ricci.htm

http://www.vdare.com/sailer/090426_ricci.htm

http://www.vdare.com/sailer/090531_sotomayor.htm

http://www.vdare.com/sailer/090607_sotomayor.htm

http://www.vdare.com/sailer/090628_bazelon.htm

http://www.vdare.com/sailer/090709_sotomayor.htm

http://www.vdare.com/sailer/090712_ap_tests.htm

http://www.vdare.com/sailer/090720_ap_tests.htm

http://www.vdare.com/sailer/090726_fdny.htm

Decades of Failure: Part 1 – Running on Empty

February 13, 2010

Opponents of racial quotas are no closer to having them abolished now, than they were back in 1978 when the Bakke decision provided the first glimmer of hope. In fact, quotas have become even more blatant and entrenched, and we are rapidly moving toward a time when they will be explicit and unassailable. Current efforts have failed, and it is important to acknowledge this and understand why. Only then can we alter our approach to a more effective one. I decided to write a lengthy article, bit by bit, about the failure of quota-opponents to make any progress over the last few decades. I will post each part as I have completed it.

Decades of Failure
The Fight Against Quotas

Part 1: Running on Empty:

   On November 24, 2009, it was announced that 14 of the 19 White and 1 Hispanic firefighters who comprised the plaintiffs in the now famous Ricci decision will finally receive their well-deserved promotions from the City of New Haven, Connecticut. Five months after being ordered to correct this injustice by the Supreme Court, 3 years after the original lawsuit was filed by the firefighters, 6 year after the promotion exam was given, and 31 years after the legal battle against quotas truly began with the Regents of the University of California v. Bakke decision in 1978, this action represents the most significant victory in the war against anti-white discrimination. What Ricci does do is ensure that these 20 firefighters receive promotions to positions to which they were the most qualified. What Ricci does not do is in any way interrupt the prevailing quota regime. To quote Heather Mac Donald, writing in City Journal, “The Supreme Court tweaked the edges of discrimination law…but otherwise left the evasions and euphemisms of that hoary edifice largely intact.” At best, Ricci simply requires that employers concoct some additional reason, other than differing test scores or the fear of lawsuits resulting from them, to justify discrimination against whites. This new reason given by discriminating employers will still need to be challenged in court, and will likely be upheld by District and Appeals Court judges similar to the ones that upheld New Haven’s actions in the Ricci case. Perhaps higher courts will overturn some of these decisions. But this will take time, and each case of discrimination against whites will still have to be fought in court on an individual basis. An effortless end-run around a Ricci-like outcome in similar situations, that is gaining popularity among diversity-obsessed bureaucrats, is to simply eliminate standardized testing in order to avoid the appearance of entitlement by whites to these positions. The lack of post-Ricci panic among minority activists is noticeable…and completely understandable. The world is going their way. For example, a 2005 report from the Office of Personnel Management found that in Fiscal Year 2004, 56% of all new federal jobs went to non-whites…and that was during a Republican administration! One small case involving 19 individuals in one small city does nothing to change the underlying trend…that America is headed toward an era where any under-representation by minorities in any desired area of employment will either be eliminated afterwards through litigation, or pre-empted beforehand by employers ensuring that a minority group’s share of the workforce at the very least mirrors its share of the population. As any unemployed white who has seen a job advertisement followed by “EEOC applicants encouraged to apply” can tell you, they have nothing to fear. Maybe that explains the lack of popping champagne corks and “Mission Accomplished” banners on our side, in spite of the jubilations of finally having achieved Saint Martin’s “dream” by some establishment conservatives. After 32 years of post-Bakke toil, the crowning achievement of quota-opponents consists of righting a single wrong done to 19 individuals following a 6-year ordeal. This lack of any tangible macro-level accomplishment after decades of effort means that opponents of quotas have two options. Writing in The American Conservative, Marcus Epstein had a poignant tongue-in-cheek quote about the sad state of affairs of the American Conservative Movement in 2005 – “If electing Republicans and waging wars is the gauge, then the movement has been a gleaming success.” To paraphrase and adapt, if getting 19 individuals promoted after 32 years of work, countless man-hours of effort, and millions of dollars spent, is success, then it’s time for quota-opponents to either put Ward Connerly in a flight-suit and hold a photo-op on the deck of an aircraft carrier, or try a new direction.
   Our current failed efforts to fight quotas have consisted of three main approaches; trying to persuade our opponents, trying to end quotas legislatively, and trying to have the courts overturn quotas. All three have failed miserably.

I will post the remaining parts of this article as soon as they have been written.

Part 2 is available here.

An Introduction

February 13, 2010

The recent Ricci decision has brought racial quotas back into the debate. While the outcome may represent a victory (albeit a small one in practice), which has been lauded beyond its true significance by “establishment” conservatives and “mainstream” quota-opponents, it does nothing to change the overall trend of our society. That, the first premise of this blog, is as follows: We are rapidly moving towards an age when all decisions concerning individuals, will be based one way or another, on their membership in certain demographic sub-groups, with the end result being that members of preferred sub-groups will always be at least proportionally represented (at least equal to their share of the population), when it comes to achieving any desired outcome. Since probably no sub-group has within itself the natural abilities for its members to achieve every desired outcome proportionally, these results will come at the expense of more deserving individuals from less-favored sub-groups. In short, we are becoming a quota-nation…every hiring, firing, admissions, and pay decision is heading towards being based solely on an individual’s race, sex, ethnicity, religion, sexual orientation, etc. Some groups will be favored over all others…some groups will be favored over some and favored less than others…some groups will be favored over no one. Many will feel injustice. White male conservative heterosexual Christians without disabilities will feel it the most. The second premise of this blog is as follows: That American institutions, as long as they continue to exist in any form remotely resembling that of today, will continue to operate this way indefinitely. It’s possible to slow the pace of the slide towards complete quota-ism. It’s possible to achieve some small individual victories here and there. It may even be possible, in the immediate near-term, to make some progress in the other direction. But the longer-term trends are baked in the cake. The minority population is too high. The remnants of America’s traditional individualistic culture are too weak. The elite of our society is too hostile to the historic population and has too much power with which to act on that hostility. The frequency of group-based, in particular race-based, outcomes in American institutions will not lessen in your lifetime. Things will not get better in your children’s lifetime either. This blog will track the decline into quota-totalitarianism. It will also examine ways that individuals themselves might be some of the lucky few that escape the hard bigotry of proportional representation. But make no mistake about it, the only way to avoid the effects of the broader trend is to abandon American institutions entirely.