Conservative talk-show host Rush Limbaugh lashed out at high court nominee Judge Sonia Sotomayor Monday, describing her as a "racist at heart" after the Supreme Court reversed a decision she endorsed involving white firefighters who were denied promotions because of their race.
The ruling has the potential to become a landmark decision: It could alter employment practices nationwide and make it harder to prove discrimination when there is no evidence it was intentional.
The court ruled in a 5-4 decision that the city of New Haven, Conn., was wrong to scrap a promotion exam because no blacks and only two Hispanic firefighters were likely to be made lieutenants or captains based on the results. The city said it had acted to avoid a lawsuit from minorities.
“She ruled on the basis of just a racist belief that minorities should always be found in favor of simply because they're minorities, pure and simple regardless the merits of any particular case,” Limbaugh said, referring to Sotomayor’s ruling with two other judges on the 2nd U.S. Circuit Court of Appeals who upheld a lower court ruling in favor of New Haven. “That's who Obama has nominated.”
Limbaugh said Sotomayor was particularly flawed because she illustrated what critics have called President Barack Obama’s “empathy” standard: a professed inclination to nominate jurists who can empathize with plaintiffs regardless of what the law itself states.
“But, see, this gets to the whole point of Sotomayor. Obama has said, 'Well, we need people with empathy.' No, we don't! We got Judge Sotomayor and her other colleagues in this court... Don't forget that she was reprimanded by one of them, Jose Cabreras, for not even looking into the constitutional issues of this. The libs today, the state-run media, is trying to say, 'It wasn't Sotomayor. She never wrote anything. It was a whole panel of the Second Circuit.'
”That's the whole point. Nobody wrote one,” Limbaugh pointed out. “And Jose Cabreras said, 'This case is a constitutional case and you didn't even deal with that. It was horribly done.'"
Limbaugh then quoted Justice Samuel Alito, who wrote the majority decision: "The dissent grants that petitioners' situation is 'unfortunate' and that they 'understandably attract this Court's sympathy.'"
“But you see 'sympathy' is not what people who go before courts want,” Limbaugh explained. “They want access to the law. They want access to justice. They do not want sympathy. So what we have here is that Sotomayor and her gang and then Justice Ginsburg said that the "petitioners' situation" meaning the white firefighters "is 'unfortunate' and that they 'understandably attract this court's sympathy.'"
Limbaugh then slammed what he described as the mainstream media’s obsession with Sotomayor’s humble upbringing and ethnic heritage at the expense of what he described as her poor intellect.
“Let me just tell you, folks: In a contest of intellectuals between Sotomayor and Scalia, they would cancel the game before it began or they'd have to spot her 50 or 75 IQ points,” Limbaugh said. “If they played the game the way we do high school or Pop Warner football — you know, youth league football — where the good teams get penalized for being good.”
He then linked her own admittedly poor test scores to the case of the firefighters who were passed over to elevate minorities to supervisory positions.
“She (Sotomayor) said that her college and SAT and LSAT scores were nowhere near as good as her classmates' at Princeton and in law school, she said because the tests were culturally biased, and she said that everybody knows that,” Limbaugh said. “I guess they must be biased against people who grow up in the Bronx with a hardworking educated nurse mother, we got the sob story about how hard her mother worked to put her through school and gave up everything, all these conservative values she cited that got her where she went, and then she says, hey, you know, my own test I didn't do well because they were cultural biased and so I'm sure she's racist at heart. I mean there's no other way to put this. It is what it is. And political correctness be damned, I'm not going to shy away from it.
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