Firefighter Embodies White Frustrations

Frank Ricci Testifies At Supreme Court Nomination Hearings Of Sonia Sotomayor, Who Ruled Against Him As A Lower Court Judge

(CBS/AP)  Updated 6:14 p.m. ET

He spoke, this 35-year-old firefighter, to frustrations that still ripple in an undercurrent across the nation.

Frank Ricci, who is white, sat before the Senate Judiciary Committee on Thursday and spoke in a steady, deliberate voice about how he studied hard, played by the rules, and was denied a promotion because of the color of his skin. His made no mention of Sonia Sotomayor, who had ruled against a discrimination claim by Ricci and fellow firefighters, and now is on track to become the first Hispanic on the Supreme Court.

Everyman firefighter and Hispanic role model, these two are among the newest faces in an enduring American debate over how to do right by long-disadvantaged minorities and still give the majority a fair shake.

Had Sotomayor not been nominated for the Supreme Court just as the Ricci case was unfolding, the Connecticut firefighters' lawsuit might have been nothing more than a fairly significant employment case that went largely unremarked upon in public. Instead, Ricci found himself telling his story before U.S. senators and on national television after Sotomayor herself repeatedly was called upon to answer for her ruling in the case during four days of testimony before the committee.

People shouldn't be reduced to "racial statistics," Ricci told the senators. They "don't wish to be divided along racial lines." His message was seconded by fellow firefighter Ben Vargas, who is Hispanic.

"Achievement is neither limited nor determined by one's race but by one's skills, dedication, commitment and character," Ricci said.

"You put a face on the issues," Sen. Ben Cardin, D-Md., told the firefighters.

Sotomayor, for her part, held out her ruling in the case as evidence that she hews to the law and precedent, not emotion or sympathies.

Ricci, whose lawsuit ultimately was upheld by the Supreme Court, called the whole ordeal "an unbelievable civics lesson."

To Ronald Walters, professor emeritus at the University of Maryland, it was a lesson in the enduring potency of racial politics.

For Republicans, Walters said, "it's an issue that plays well with their constituency and they're drumming it. ... Basically this is a narrow pitch toward the white community and the elections in the fall."

It's not a new strategy.

"This all has a background," said Kenneth O'Reilly, a historian who has written extensively on racial politics. The notion of the "white male as victim" has been around for decades, O'Reilly said, harking back to tensions over affirmative action during the Reagan years. A decade earlier, the high court first visited the question of reverse discrimination when Allen Bakke, a white student with good grades, accused the University of California medical school of twice denying him admission because of his race.

Michael Selmi, a professor at the George Washington Law School who wrote a retrospective on the Bakke case, said the issue has waned over the years and more people recognize the value of diversity. But he said the firefighters' case still struck a chord, coming along just as jobs in the auto industry are evaporating.

"They're trying to hold on to those jobs, and that lost era" when white guys ruled the day, Selmi said.

Interest in the Ricci case is likely to flame out quickly once Sotomayor's nomination is settled, O'Reilly said, but racial tensions overall tend to heighten in a down economy.

"When the economy is horrific for everybody, the society is less willing, often, to do the right thing," O'Reilly said. "It's hard to worry about black, brown, red, yellow getting jobs when whites can't get jobs either."

Public sympathies in the firefighters' case were clear in a May-June poll conducted by Quinnipiac University. More than seventy percent of those surveyed nationally thought the firefighters should have been promoted. At the same time, about three-fifths of those surveyed said the case shouldn't make any difference in whether Sotomayor is confirmed for the high court.

The details of Ricci's case played out repeatedly in testimony before the Judiciary Committee this week: He passed a promotion exam only to see the city toss out the results because too few minorities qualified for advancement. He was among 20 white firefighters who sued, and their reverse discrimination claim was rejected by a federal district court. That decision was upheld by Sotomayor and two other appeals court judges. The Supreme Court overturned their ruling late last month.

Nowhere is Ricci's case being debated more hotly than New Haven, where the case originated. He gets strong support there in the white middle-class neighborhood of Morris Cove.

James Izzo, a chef, said the city was wrong to throw out the test results to help blacks and Hispanics. "I just think these people need to study harder," said Izzo, 26. "They play the race card over everything. I think it's a little ridiculous."

Michele Sigg, 44, a project manager in New Haven, didn't want to take sides, but said the case had "brought to the fore some questions, culture changes and laws that need to be looked at accordingly. I think it's a good thing to question ourselves."

The firefighters' case - and the larger questions it raises about race in America - are being debated far beyond Connecticut.

"You get a feeling like the race card gets used way too much, but in this case it shouldn't have been used at all," said John Korte, 57, a white construction manager from Highland, Ill. "It's not treating people equally."

But Blake Ziegler, a white graduate student from Nebraska who stopped to talk while on vacation in Kansas City, Mo., said affirmative action still has a role to play.

"There are some people that I know that don't think the way they should think," he said. "But it still needs to be in place."

[im_watching]

so do we all now have "empathy" for the white disadvantaged firefighters?

[Larry Fafarman]

Throwing out the test results was insulting to blacks -- it called attention to the fact that none passed the exam. Was there any evidence that the test was "culturally biased"? Did any black firefighters threaten to sue? The fire department should have accepted the risk of a lawsuit by black firefighters.

The decision against the white firefighters was not all Sotomayor's fault -- the district court judge, the two other appeals court panelists, and 4 of the 9 Supreme Court justices agreed with her. And two of the twenty firefighters who passed the exam are Hispanic like herself, so it is unlikely that her decision was motivated by racial or ethnic bias.

[rlsutter]

When can we all agree that blacks are now smart enough to compete on their own (like Chinese, Mexican, Vietnamese, Indians, etc.)?

[wogerwabbit]

What do you think would have happened if President George Bush had given an address to the National Association for the Advancement of White People?

by swin5 July 16, 2009 9:23 PM EDT

Oh really? Do you mean Georgie Boy would have turned down addressing the Republican Party? I don't think so.

[Thalia-9]

by fred-mertz July 16, 2009 6:37 PM EDT
"Why would sotomayor prefer that the homes of americans burn down rather than be saved by a white male firefighter?" -- GovernmentControl

Judge Sotomayor NEVER SAID, NEVER HINTED, and I am absolutely positive, DOES NOT WANT THAT TO HAPPEN!

YOU JUST MADE THAT UP!

You're wrong Fred - he makes a very valid point in that having the test thrown out because the minorities didn't score high enough, means she cares more about affirmative action than safety of lives. This isn't a banker's position where you get second chances - either you study hard for the written and have dead on, quick assessment answers for the oral board or you don't. And if you don't, and you lead your crew or the victims to their death because of your actions, or lack there of, you and your department are responsible for those actions, regardless of color. That's where the real lawsuits would begin - from the families of the fallen firefighters and the families of the victims who died in the fire...and they would win if the ICO was not fully qualified.

[swin5]

Just to give you an idea of how subtle rascism has become in this country...

Today, President Obama gave an address to the National Association for the Advancement of Colored People.

What do you think would have happened if President George Bush had given an address to the National Association for the Advancement of White People?

[swin5]

As our country continues to pursue causes, be it climate control or discrimination, other countries such as China pursue hard work and merit as the basis of their economy. And they are beating our socks off.

It would be an interesting if Judge Sotomayor was trapped in a burning building and the fire department came to her rescue. It would be interesting then to ask her if she wants those firefighters who are trying to save her to be the best qualified and hardest working, or a group promoted not on merit but on their racial or ethnic background.

As it has already been said - the way to end discrimination is to end discrimination.

I'm a retired public school teacher. I can remember back in the mid 1970's when we had a large influx of teachers who went to college not on merit but on their ethnic background. Almost to a person, they were bad teachers, knew little about the subject they were supposed to teach, and did not last in the profession more than about 5 years. I often wonder about the impression they made on the students and whether their unqualified presence in the classroom didn't act to reinforce racial prejudices and stereotypes.

I had one such student teacher who was admitted to college not on merit but on his ethnic background. His attendance rate was horrible, he was poorly prepared to teach his classes, was usually late, barely knew more about the subject (physics) than my students, and admitted to drug usage. I failed him at the end of the semester and the result - the university never sent me a student teacher again.

Even though we have a bi-racial president, I see us heading for a day when racial and ethnic strife in this country will reach an all time high. And the reason? We didn't stop discriminating, we just changed the groups we were discriminating against.

[SkullMurph68]

I feel the white firefighters plight. Reverse discrimination does not benefit anyone. But we live in the real world and until everyone recognizes that we all depend on one another, we can't get pass color issues. There is no need to be hostile or not having a "white firefighters" to come to the rescue. I don't care what color he or she is as long as they help the person who is in distress. Some people use these posts like this because no one who you are,and some of you have false courage, but I wish you would say what is really on your minds.

[jeffstersf]

Sotomayer was following Supreme Court precedence, invoking stare decisis to be consistent with prior rulings. (I know that's a lot to ask of the braindead GOPers in here, to know what the Latin legal 'stare decisis' term means, but look it up). The Supreme Court reversed itself in this case, setting a NEW precedence. If Sotomayer was not up for the Supreme Court position and was given an identical case again, she would almost certainly rule differently.

In other words, she did her job to perfection, and will continue to do so in a court that is in dire need of someone to offset the prejudices of the likes of Scalia and Thomas.

[gravyboat4000]

Well said.

[dbsuma]

Oh and the liberals are just perfect little human beings. I was never employed by a poor welfare mother. Most people (whether they are dems, repubs, libertians, green, constitutional, etc.) wouldn't know *** stare decisis means unless they worked in law.

Yes, Sotomayer probably would have ruled differently with a new precedence. You'd get a lot more interest for your opinion if you'd lose your divisiveness on slamming parties with whom you disagree.

[ToolMangler1]

Well said and true!!

[South-of-Heaven]

and the Entitlement Bunch continues with its soliloquoy..
WAAAAaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaa

[cattiej]

Sotomeyer will become a Supreme court justice, some of these people are just wanting air time on TV...Sotomeyer will be another justice that will side with Obama on allowing illegal aliens to stay in our country instead of sending them back to where ever they came from...sorta like Obama's aunt staying in Public Housing and not being a citizen...what a country..no wonder people want to come here..you can get food stamps, free housing,free medical care...all without being a citizen....What a country!

[ericv857]

In this case I believe that Judge Sotomayor issued the correct ruling in the New Haven, Conn.. What was not discussed on capitol hill was that the test design was faulty and that it presented an unfair atmosphere, No one suggested that black firefighters were not intelligent enough to compete with white firefighters but the merits were far different than that and the republican pundits want use this decision as a political weapon sort of what Ronald Regan did in his election using to black criminals face to scare white people into voting for him and the willie Horton commercial as well in the 80's so lets not get lost in the forest let us stay on the traveled path of justice and equality.

[ToolMangler1]

Please don't confuse the repugs with the facts or the truth, They can't handle either one. no matter what name you call it by. :)

[cattiej]

Our son was a victim of affirmative action. graduated 4.0, he was denied a schlorship to Washington. D.C. because he wasn't black and he wasn't a female..This has been some years ago, I was also denied to a military academy because we didn't have the money to give to our local politican..no one will ever tell me this wasn't the real reason he wasn't picked...he is now married, finished his Master's and is doing fine but we will never forget how hard he worked during his college years to be able to suceed and then be denied because of the color of his skin and he sex. Blacks may have been brought to America but our family had nothing to do with slavery. There are still slaves in this world, they are in African countires, European countries, Asian countries. There are NO slaves in America. The middle class and the many of the poor slave to "make it in America". Many other take, take, take and give nothing but grief. Get a job, pay your taxes or find some other country to live in...I am tired of paying for you to stay home and watch TV all day...

[South-of-Heaven]

LOL. in Texas everybody is. even the Quinceaneras

[South-of-Heaven]

on the contrary,
its a great time to be a liberal watching all you repigs make like a siren on everything.

WAAAAAAAAAAaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaa

[gravyboat4000]

(pssst, dude...be careful, they're all armed)...

[pw08-2009]

hahahaha,

OK follower...enjoy the socialism.

[pw08-2009]

you and graveyboat must be like 13 or 14 right? Maybe one day, you'll be able to express real thought, but give it time....hahahaha...it's apparently not going to happen for a while.

[gravyboat4000]

"express real thought"?

When have you done so here, pw? You have not, you only tell others that they are,"kids who don't express real thought".

Tell ya what, we could debate a point, or you could respond to a post of mine without the childisn accusations.

Or, I could just ignore you inane posts, as they have no real merit. Just an angry right winger who doesn't know what to do, or to think without Rush Limbaugh or Sean Hannity.

[South-of-Heaven]

is that the sound of sirens?
nope its the sound of Repigs....

[pw08-2009]

South of Heaven,

LMAO another stupid comment from a person without opinions or thoughts....hahahaha

[ludvig1-2009]

A racist is someone who thinks that race should be the prime determining factor in promotions, not brains. I'm a Democrat too and this racial favoritism has gone too far.

[gravyboat4000]

A racist thinks that EVERYONE in whichever race they are racist against thinks the same, and acts the same, or has the potential to do so.

[pw08-2009]

graveyboat4000,

You really are naive. Every group is racist, and if you don't believe that then you need to put down your bowl of cereal and come out of your mom's garage to get some air.

[actornaught]

Racism, in part, is the process whereby you take generalizations about a group, and act upon those generalizations in any way towards any individuals. It's especially egregious if you persistently attempt to defend your acts by citing "statistics" or any such information. No matter how hard you try to give them credence to justify your racism, you?re still a racist.

Humans since prehistory have always had to make decisions based on limited information. But to persist in spite of the light of continuously advancing civilized society, is vile.

Believe me, I could go on?

[South-of-Heaven]

aww gee, how now im cwying like the fireman.

[actornaught]

The people that keep parroting their favorite hate-comedians are wayass tiresome.

We all know too well YOU ARE the RACISTS, because you can't stand some Uppity Latino daring to make a decision that interferes with your sense of superiority. If this exact same decision was made by 3 white guys, you'd never know of it. How dare she, huh? One latino. One latino female commited to upholding precedent, accidently in your Xian Idiot Taliban crosshairs.

Get over yourselves. Turn off rushfux, and take a class, garden, canoe, learn to smoke cayenne peppers from uranus. You're all a bunch of jerks...

[jumkey]

Interesting how Republicans only care if white people are being discriminated against.

Other people, not so much.

Sounds.....hmmm.....racist?