Firefighter to Testify Against Sotomayor

Senate Republicans Plan Testimony from White Conn. Firefighter Whose Reverse Discrimination Case Was Rejected by Nominee

(CBS/AP)  Republicans plan to call a white firefighter whose reverse discrimination claim was rejected by Supreme Court nominee Sonia Sotomayor to testify against her.

New Haven, Conn. firefighter Frank Ricci brought a lawsuit challenging his city's decision to scrap the results of a promotion test because too few minorities scored highly enough to qualify. He's one of 14 witnesses Republicans will call during Senate hearings on Sotomayor's confirmation that open Monday.

Sotomayor was part of an appellate court panel that rejected Ricci's claim. The Supreme Court reversed the ruling last week.

Democrats' witnesses include New York Mayor Michael Bloomberg, former FBI Director Louis Freeh, and former Major League Baseball pitcher David Cone.

The full list of witnesses, as released by the Senate Judiciary Committee, is below:

American Bar Association Witnesses

Kim Askew, Chair of Standing Committee
Mary Boies, Primary Reviewer

Democratic Witnesses

Michael Bloomberg, Mayor, City of New York
Chuck Canterbury, National President, Fraternal Order of Police
David Cone, former Major League Baseball pitcher
JoAnne A. Epps, Dean, Temple University Beasley School of Law, on behalf of the National Association of Women Lawyers
Louis Freeh, former Director, Federal Bureau of Investigation
Michael J. Garcia, former U.S. Attorney, Southern District of New York
Wade Henderson, President and CEO of the Leadership Conference on Civil Rights
Patricia Hynes, President, New York City Bar Association
Dustin McDaniel, Attorney General, State of Arkansas
Robert Morgenthau, former District Attorney, New York County, New York
Ramona Romero, National President, Hispanic National Bar Association
Congressman Jose E. Serrano, New York 16th District
Theodore M. Shaw, Professor, Columbia Law School
Kate Stith, Lafayette S. Foster Professor of Law, Yale Law School
Congresswoman Nydia Velázquez, Chair of the Congressional Hispanic Caucus.

Republican Witnesses

Linda Chavez, President, Center for Equal Opportunity
Sandy Froman, Esq., Former President, National Rifle Association of America
Dr. Stephen Halbrook, Attorney
Tim Jeffries, Founder, P7 Enterprises
Peter Kirsanow, Commissioner, U.S. Commission on Civil Rights
David Kopel, Esq., Independence Institute
John McGinnis, Professor, Northwestern University School of Law
Neomi Rao, Professor, George Mason University School of Law
Frank Ricci, Director of Fire Services, ConnectiCOSH (Connecticut Council on Occupational Safety and Health)
David Rivkin, Esq., Partner, Baker Hostetler
Nick Rosenkranz, Professor, Georgetown University School of Law
Ilya Somin, Professor, George Mason University School of Law
Lieutenant Ben Vargas, New Haven Fire Department
Dr. Charmaine Yoest, Americans United for Life

[conf512]

We do not need a racist woman as a supreme court justice.

[ibsteve2u]

The Republicans have a vested interest in injustice.

[Thalia-9]

no...frank ricci has an issue with personal injustice...and he's right.

[speakinup22]

Anyone receiving a job nder reverse descrimination should be ashamed.

[ToolMangler1]

If it was the only way I could get a badly needed job, I would not be ashamed. I would hope that the person I beat out was not in as big of a need as I was. See, This cuts both ways! Even when the playing field has been 'artificially leveled'. "IF" I can't do the job, then I should not keep it.

[ddalco54]

First we had joe the plumber (or pseudoplumber), now we have Frank the fireman!

[speakinup22]

Yeah, amazing how these every day citizens have the gall to stand up for their rights isn't it ?

[cainemarko]

Can we at some damn point stop calling it "reverse" discrimination? Is it reverse murder if a white person kills a black one? How about reverse rape?

[ToolMangler1]

well said and true!!

[Joe_NY_15]

by gravyboat4000 July 9, 2009 2:35 PM PDT

It was appealed, to the Supreme Court, who ruled the law was unconstitutional
______________________________

So what you are really saying is that Sotomayor is making un-constitutional rulings, based on her hispanic bias, which then are overturned....how is this good, I don't have a clue........trust me, I know about the bias....I have first hand knowledge, I'm married to a "Wise Latina" from the Bronx,NY

[Thalia-9]

by fred-mertz July 9, 2009 8:08 PM PDT
"What are you so afraid of UnionDame? That a testimony from a firefighter who was racially discriminated against by Sotomayor's decision might wake people up and realize that the RACIST DOOR swings two ways, NOT JUST ONE?" - HeThoughtHeWasFunnyButHeWasJustStupid

WRONG! Sotomayor ruled in favor of the law, and she was NOT alone in doing so. Those ACTIVIST JUDGES, the "supremes", later changed the law, by a split, 5 to 4, vote. You call it "racism" to UPHOLD THE LAW? What kind of repuke are you, anyway? Conservatives are supposed to CONSERVE the status quo!

The testimony of the spoiled white boy who thought he was "discriminated against" is not at all meaningful when considering the confirmation of a supreme court judge. The repukes are grasping at straws. On the vast majority of the appellate cases Judge Sotomayor has ruled on, she has AGREED WITH THE REPUKE JUDGES! If you idiots think you're going to get anyone closer to your "ideology" by rejecting her, you are completely OUT OF YOUR MINDS! Keep up all this obstructionism and President Obama is going to stop trying to appease you lunatics. And that will be a GOOD thing!

you should really do some homework before you spout off to a world wide blog Fred...rico...it makes you look like less of an idiot if you do. 'spoiled white boy'? LOLOL...yep...poor little dyslexic spoiled white guy got a higher score and the hispanic/black who cried wolf based on skin colour...and the so called 'minority in the judges seat...no wait... "wise latina who can make better decisions than any white man" screwed it up and will be the one who faces reprecussions for her own stupid, out of line actions - got NOTHIN' to do w/ republicans and you know NOTHIN' about the fire service.

[dwright1now]

The GOP is a dying wind bag and this is their last hurrah. This sleazy skin-head of a fire fighter is a racist dog looking for his 15 minutes of fame. Well you know Bozo you used up 14 minutes already so go put out a real fire instead of taking advantage of all the GOP swill and pork. Did you really get a hooker from the GOP to seal the deal?

[Thalia-9]

LOLOLOLOL!!!! you are disturbed to say the least...'the sleazy skinhead of a fire fighter'??? you mean the dyslexic guy who hired a tutor to assure he didn't miss a friggin beat? or you think color makes a man/leader as long as it's a 'minority' color...whatever the he.ll 'minority' means anymore...sotomayer was WRONG...grow up, get over it and do your homework instead of typing up a bunch of BS armchair quarterbacking.

[dwright1now]

The GOP is a dying wind bag and this is their last hurrah. This sleazy skin-head of a fire fighter is a racist dog looking for his 15 minutes of fame. Well you know Bozo you used up 14 minutes already so go put out a real fire instead of taking advantage of all the GOP swill and pork. Did you really get a hooker from the GOP to seal the deal?

[mojo1372]

I don't care what color you are as long as you are qualified to do the job .If you are not qualified you should not be doing the job . would you want these standards applied to getting a doctors degree
i think not you want someone who can pass there medical school tests.
no less should be expected of police , firemen ,emt's they all make life and death decisions .

[Thalia-9]

Gravy...no offense, seriously, but there is also a matter of score and rating in the testing and a lot of it is psychological, not just Q/A in a written test - just because you 'passed' doesn't mean you scored high or did well in the verbal/psyche evaluation of how to lead others...just because you kick a$$ w/ a hose and axe, or take orders of what to do well, doesn't automatically make you a 'leader' of others safety - it's much more complex.

[ToolMangler1]

by Thalia-9 July 9, 2009 7:33 PM PDT


I agree with your comment. But Sotomayor has nothing to do with your gripe, The "City" is the responsible party here, Attack them instead...
If you have a "Legitimate" gripe against her, then say it and we'll listen.

[debinok1]

by tmittelstaed July 9, 2009 4:53 PM PDT
What makes a school "second rate" is how the STUDENTS choose to do.

The fact is that the biggest single motivator to the students getting a good education are the PARENTS, NOT THE SCHOOL. If you think your kid's school is second-rate, or your child isn't doing well in school, then get off your ass, download some school study sheets from the Internet (the Internet is full of them) and sit down in the evenings with your kid and work through them, instead of watching episodes of Lost on TV.

That's what we do with our kids. Both of them. Even during the summer. Do they like it? No. But, in the fall when they go back to school they are at the level that they were when school ended, they haven't forgotten 1/2 of the school year, like your kids. That's why our kids will be going through college and working at nice jobs in a decade or so and your kids will be flipping hamburgers. But, I'm sure you won't care since you won't have missed all those Lost episodes!

Get a clue. And I'm not even going to start with all the single women out there who think that their kids are better off with 1 parent while they are in school.


This comment makes me question just how much you work with your kids. Because I do this also, my boys not only do not "lose" what they learned over the previous school year, but actually advance in their learning. My youngest just finished Kindergarten and is at the beginning of the 2nd grade level in reading, math, and spelling. I do not usually brag about them, but your comment did not sit well with me.

[ToolMangler1]

Well, here's a good one for you. (I posted this earlier)


Are you Smarter than an 8th grader
This is the eighth-grade final exam from 1895 in Salina, Kansas , USA. It was taken from the original document on file at the Smokey Valley Genealogical Society and Library in Salina , and reprinted by the Salina Journal.


8th Grade Final Exam:
Salina , KS - 1895


Grammar (Time, one hour)
1. Give nine rules for the use of capital letters.
2. Name the parts of speech and define those that have no modifications
3. Define verse, stanza and paragraph
4. What are the principal parts of a verb? Give principal parts of 'lie,''play,' and 'run.'
5. Define case; illustrate each case.
6 What is punctuation? Give rules for principal marks of punctuation.
7 - 10. Write a composition of about 150 words and show therein that you understand the practical use of the rules of grammar.


Arithmetic (Time,1 hour 15 minutes)
1. Name and define the Fundamental Rules of Arithmetic.
2. A wagon box is 2 ft. Deep, 10 feet long, and 3 ft. Wide. How many bushels of wheat will it hold?
3. If a load of wheat weighs 3,942 lbs., what is it worth at 50cts/bushel, deducting 1,050 lbs. For tare?
4. District No 33 has a valuation of $35,000. What is the necessary levy to carry on a school seven months at $50 per month, and have $104 for incidentals?
5. Find the cost of 6,720 lbs. Coal at $6.00 per ton.
6. Find the interest of $512.60 for 8 months and 18 days at 7 percent.
7. What is the cost of 40 boards 12 inches wide and 16 ft.. Long at $20 per metre?
8.. Find bank discount on $300 for 90 days (no grace) at 10 percent.
9. What is the cost of a square farm at $15 per acre, the distance of which is 640 rods?
10. Write a Bank Check, a Promissory Note, and a Receipt


U.S.History (Time, 45 minutes)
1. Give the epochs into which U.S. History is divided
2. Give an account of the discovery of America by Columbus
3. Relate the causes and results of the Revolutionary War.
4. Show the territorial growth of the United States
5. Tell what you can of the history of Kansas
6. Describe three of the most prominent battles of the Rebellion.
7. Who were the following: Morse, Whitney, Fulton , Bell , Lincoln , Penn, and Howe?
8. Name events connected with the following dates: 1607, 1620, 1800, 1849, 1865.


Orthography (Time, one hour)
[Do we even know what this is??]
1. What is meant by the following: alphabet, phonetic, orthography, etymology, syllabication
2. What are elementary sounds? How classified?
3. What are the following, and give examples of each: trigraph, subvocals, diphthong, cognate letters, linguals
4. Give four substitutes for caret 'u.'(HUH?)
5. Give two rules for spelling words with final 'e.' Name two exceptions under each rule.
6. Give two uses of silent letters in spelling. Illustrate each.
7. Define the following prefixes and use in connection with a word: bi, dis-mis, pre, semi, post, non, inter, mono, sup.
8. Mark diacritically and divide into syllables the following, and name the sign that indicates the sound: card, ball, mercy, sir, odd, cell, rise, blood, fare, last..
9. Use the following correctly in sentences: cite, site, sight, fane, fain, feign, vane , vain, vein, raze, raise, rays.
10. Write 10 words frequently mispronounced and indicate pronunciation by use of diacritical marks
and by syllabication.


Geography (Time, one hour)
1 What is climate? Upon what does climate depend?
2. How do you account for the extremes of climate in Kansas ?
3. Of what use are rivers? Of what use is the ocean?
4. Describe the mountains of North America
5. Name and describe the following: Monrovia , Odessa , Denver , Manitoba , Hecla , Yukon , St. Helena , Juan Fernandez, Aspinwall and Orinoco
6. Name and locate the principal trade centers of the U.S. Name all the republics of Europe and give the capital of each.
8. Why is the Atlantic Coast colder than the Pacific in the same latitude?
9. Describe the process by which the water of the ocean returns to the sources of rivers.
10. Describe the movements of the earth. Give the inclination of the earth.

Notice that the exam took FIVE HOURS to complete.

Gives the saying 'he only had an 8th grade education' a whole new meaning, doesn't it?!

Also shows you how poor our education system has become and,


NO, I don't have the answers!

[Thalia-9]

by jgreatsone July 9, 2009 1:16 PM PDT
The argument is that promotion should be based on who is most qualified for the promotion - not based on being a MAJORITY. Especially when it comes to safety of the public.

Look at our country's history and understand that that's why we're having this discussion

that's a load of krap - has nothing to do w/majority/minority, has to do w/ passing the mandatory tests, verbal and written, in order to succeed and climb to the next level on the ladder rung, which is standard in the fire service - you don't know if their 'qualified' w/out these tests - their not based on number of calls ran, it's a whole lot deeper than that.

[jgreatsone]

i appreciate that you're aware of what it takes to become one, but this issue has nothing to do with being a fireman - it's about opportunity. do you have a problem when a white person gets a job because he/she's white?

[ToolMangler1]

"by Thalia-9 July 9, 2009 7:18 PM PDT
you are dead wrong and have literally no idea of a FD's structure - Sotomayer is the only one who made this a 'racist' issue, so if it's going to backfire on anyone, it will be herself"



You just don't get it, do you???? Sotomayor didn't say that the fireman was discriminated against! It wasn't "HER" job to. Her job was to say if the "CITY" descriminated against Ricci By the "LAWS THEN IN FORCE". According to the "LAW" she said "NO". She didn't say whether it was right or not, "That" was outside her authority.. If "YOU" want to go on a witch hunt or make this racist then "YOU" are wrong..

[imnho]

The Republicans seem to be stuck on the idea of a circular firing squad. In the end they are going to wind up alienating a lot of voters and this is going hurt them big time. They are going to be thought of as racist going after her in the vain hope of getting lucky and turning the country against her.

They are trying to touch racial hot buttons and are willing to play large segments of the population off against each other. This is not a bright idea and may wind up blowing up in there face.

[Thalia-9]

you are dead wrong and have literally no idea of a FD's structure - Sotomayer is the only one who made this a 'racist' issue, so if it's going to backfire on anyone, it will be herself.

[thusspokezara]

African Americans continue to be handicapped by years of racism and discrimination. We need to continue to make sure that they receive special treatment. If this means setting aside jobs for them, setting aside college spots for them, so be it.

[GiveMeFreedom]

I have a great idea for you. You and your family can give up your spots for promotion and university admissions. Funny how the Kennedy's and Clinton's always seem to get their kids in to the good school's. Hmmmm.

[sabre1111]

I dare neocons to reject this hispanic woman over trivial matters. I dare them.

[pensacola8-2009]

The firefighter who will testify is part of a script for the confirmation hearing. It wont change or affect a thing. The rhethoric will be more a reflection of the firefighter's charactar, more than Sotomeyer's.

In the transcripts I have read and studied about confirmation hearings, only a few of them present a change of direction or surprise. Every judge who presides knows that a relationship with justice has to be sterile to give maximum fairness to the defendant and plantiffs. Rhetoric and theatrics may contribute to individual demeanor, but won't change facts. In a confirmation hearing, the dryer the candidate is, the better their confirmation is assured. The world could tumble around them, but the pathway to the top is through "Rock-Solid" steadiness.

[gravyboat4000]

Mr-Man? Where is the,"fact"?

That's your opinion,(or Rush's), nothing more.

[South-of-Heaven]

whats next Failin Palin will testify as well?

[pvperson3]

"It is always assumed that activist judges are liberal.", does that apply to Thomas and Scalia? Those two are so extreme and predictable in their biased, conservative opinions that the term "activist" becomes moot.,

[thusspokezara]

Years of racial discrimination continue to handicap African Americans. We must continue to make up for those years of discrimination by setting aside jobs and giving other preferences to African Americans. Why should an African American child have to attend a second rate school like NYU, Middlebury, or Tufts?

[gravyboat4000]

"Years of discrimination continue to handicap African Americans".

President Obama?

I know,it's just a start, but how long mush non-African Americans sacrifice to,"make up for the past"?

There has to come a day when the,"lift up", must come to an end, and people are solely judged on their merit. No?

Or do we stay on our current path until Al Sharpton declares that the,"forty and a mule", have been paid in full?

[tmittelstaed]

What makes a school "second rate" is how the STUDENTS choose to do.

The fact is that the biggest single motivator to the students getting a good education are the PARENTS, NOT THE SCHOOL. If you think your kid's school is second-rate, or your child isn't doing well in school, then get off your ass, download some school study sheets from the Internet (the Internet is full of them) and sit down in the evenings with your kid and work through them, instead of watching episodes of Lost on TV.

That's what we do with our kids. Both of them. Even during the summer. Do they like it? No. But, in the fall when they go back to school they are at the level that they were when school ended, they haven't forgotten 1/2 of the school year, like your kids. That's why our kids will be going through college and working at nice jobs in a decade or so and your kids will be flipping hamburgers. But, I'm sure you won't care since you won't have missed all those Lost episodes!

Get a clue. And I'm not even going to start with all the single women out there who think that their kids are better off with 1 parent while they are in school.

[ToolMangler1]

Why should an African American (Why should any American) child have to attend a second rate school?????

Are you smarter than an Eight Grader??
check this out...
------------------------------------------------




This is the eighth-grade final exam from 1895 in Salina, Kansas , USA. It was taken from the original document on file at the Smokey Valley Genealogical Society and Library in Salina , and reprinted by the Salina Journal.

8th Grade Final Exam:
Salina , KS - 1895
-----------------------------------

Grammar (Time, one hour)
1. Give nine rules for the use of capital letters.
2. Name the parts of speech and define those that have no modifications
3. Define verse, stanza and paragraph
4. What are the principal parts of a verb? Give principal parts of 'lie,''play,' and 'run.'
5. Define case; illustrate each case.
6 What is punctuation? Give rules for principal marks of punctuation.
7 - 10. Write a composition of about 150 words and show therein that you understand the practical use of the rules of grammar.
----------------------------------------

Arithmetic (Time,1 hour 15 minutes)
1. Name and define the Fundamental Rules of Arithmetic.
2. A wagon box is 2 ft. Deep, 10 feet long, and 3 ft. Wide. How many bushels of wheat will it hold?
3. If a load of wheat weighs 3,942 lbs., what is it worth at 50cts/bushel, deducting 1,050 lbs. For tare?
4. District No 33 has a valuation of $35,000. What is the necessary levy to carry on a school seven months at $50 per month, and have $104 for incidentals?
5. Find the cost of 6,720 lbs. Coal at $6.00 per ton.
6. Find the interest of $512.60 for 8 months and 18 days at 7 percent.
7. What is the cost of 40 boards 12 inches wide and 16 ft.. Long at $20 per metre?
8.. Find bank discount on $300 for 90 days (no grace) at 10 percent.
9. What is the cost of a square farm at $15 per acre, the distance of which is 640 rods?
10. Write a Bank Check, a Promissory Note, and a Receipt
-----------------------------------------

U.S.History (Time, 45 minutes)
1. Give the epochs into which U.S. History is divided
2. Give an account of the discovery of America by Columbus
3. Relate the causes and results of the Revolutionary War.
4. Show the territorial growth of the United States
5. Tell what you can of the history of Kansas
6. Describe three of the most prominent battles of the Rebellion.
7. Who were the following: Morse, Whitney, Fulton , Bell , Lincoln , Penn, and Howe?
8. Name events connected with the following dates: 1607, 1620, 1800, 1849, 1865.
-----------------------------------------

Orthography (Time, one hour)
[Do we even know what this is??]
1. What is meant by the following: alphabet, phonetic, orthography, etymology, syllabication
2. What are elementary sounds? How classified?
3. What are the following, and give examples of each: trigraph, subvocals, diphthong, cognate letters, linguals
4. Give four substitutes for caret 'u.'(HUH?)
5. Give two rules for spelling words with final 'e.' Name two exceptions under each rule.
6. Give two uses of silent letters in spelling. Illustrate each.
7. Define the following prefixes and use in connection with a word: bi, dis-mis, pre, semi, post, non, inter, mono, sup.
8. Mark diacritically and divide into syllables the following, and name the sign that indicates the sound: card, ball, mercy, sir, odd, cell, rise, blood, fare, last..
9. Use the following correctly in sentences: cite, site, sight, fane, fain, feign, vane , vain, vein, raze, raise, rays.
10. Write 10 words frequently mispronounced and indicate pronunciation by use of diacritical marks
and by syllabication.
--------------------------------------

Geography (Time, one hour)
1 What is climate? Upon what does climate depend?
2. How do you account for the extremes of climate in Kansas ?
3. Of what use are rivers? Of what use is the ocean?
4. Describe the mountains of North America
5. Name and describe the following: Monrovia , Odessa , Denver , Manitoba , Hecla , Yukon , St. Helena , Juan Fernandez, Aspinwall and Orinoco
6. Name and locate the principal trade centers of the U.S. Name all the republics of Europe and give the capital of each.
8. Why is the Atlantic Coast colder than the Pacific in the same latitude?
9. Describe the process by which the water of the ocean returns to the sources of rivers.
10. Describe the movements of the earth. Give the inclination of the earth.
------------------------------------
Notice that the exam took FIVE HOURS to complete.

Gives the saying 'he only had an 8th grade education' a whole new meaning, doesn't it?!

Also shows you how poor our education system has become and,

NO, I don't have the answers!