ACLU Pushes High Court to Destroy Cross Memorial

by Ken Klukowski at Townhall.com

The Supreme Court joined in a fight between the ACLU and the federal government over a World War I memorial in the shape of a cross. While neither legal team hit the ball over the fence, the majority seems inclined to save this cross in what will be the first religious liberty case of the new Court.

On Oct. 7, the Supreme Court heard arguments in Salazar v. Buono. This case is a decade-long fight over the so-called Mojave cross, pitting Obama Solicitor General Elena Kagan against the ACLU’s Peter Eliasberg. (This doesn’t mean Barack Obama necessarily wants to protect this cross. His Justice Department has the duty of protecting every federal law, regardless of what he and his staff think of those laws.)

In 1934, the Veterans of Foreign Wars (VFW) erected a cross on Sunrise Rock in the Mojave Desert as a memorial to all those who served in World War I, along with a plaque dedicating it to those servicemen.

This cross in the middle of the desert also happens to be in the middle of a national park. Congress created the Mojave National Preserve in 1994, the land of which includes the cross on Sunrise Rock.

Not surprisingly, the American Civil Liberties Union (ACLU) decided that the war memorial constituted a grave threat to the republic. So they backed a former National Park Service employee, Frank Buono, to bring a lawsuit to have the cross removed.

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So Much for Wise Latinas

by Ann Coulter on Townhall.com

With the Supreme Court’s decision in Ricci v. DeStefano this week, we can now report that Sonia Sotomayor is even crazier than Ruth Bader Ginsburg.

To recap the famous Ricci case, in 2003, the city of New Haven threw out the results of a firefighters’ test — which had been expressly designed to be race-neutral — because only whites and Hispanics scored high enough to receive immediate promotions, whereas blacks who took the test did well enough only to be eligible for promotions down the line.

Inasmuch as the high-scoring white and Hispanic firemen were denied promotions solely because of their race, they sued the city for race discrimination.

Obama’s Justice-designate Sotomayor threw out their lawsuit in a sneaky, unsigned opinion — the judicial equivalent of “talk to the hand.” She upheld the city’s race discrimination against white and Hispanic firemen on the grounds that the test had a “disparate impact” on blacks, meaning that it failed to promote some magical percentage of blacks.

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Equality on Trial

by Thomas Sowell on Townhall.com

For the fourth time in six cases, the Supreme Court of the United States has reversed a decision for which Judge Sonia Sotomayor voted on the 2nd Circuit Court of Appeals. If this nominee were a white male, would this not raise questions about whether he should be elevated to a court that has found his previous decisions wrong two-thirds of the times when those decisions have been reviewed?

Is no one supposed to ask questions about qualifications, simply because this nominee is Hispanic and a woman? Have we become that mindless?

Qualifications are not simply a question of how long you have been doing something, but how well you have done it. Judge Sotomayor has certainly been on the federal bench long enough, but is being reversed four out of six times a sign of a job well done?

Would longevity be equated with qualifications anywhere else? Some sergeants have been in the army longer than some generals but nobody thinks that is a reason to make those sergeants generals.

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On Race, the Slog Goes On

by George Will on Townhall.com

WASHINGTON — Although New Haven’s firefighters deservedly won in the Supreme Court, it is deeply depressing that they won narrowly — 5-4. The egregious behavior by that city’s government, in a context of racial rabble-rousing, did not seem legally suspect to even one of the court’s four liberals, whose harmony seemed to reflect result-oriented rather than law-driven reasoning.

The undisputed facts are that in 2003 the city gave promotion exams to 118 firemen, 27 of them black. The tests were prepared by a firm specializing in employment exams and were validated, as federal law requires, by independent experts. When none of the African-Americans did well enough to qualify for the available promotions, a black minister allied with the seven-term mayor warned of a dire “political ramification” if the city promoted from the list of persons (including one Hispanic) that the exams identified as qualified. The city decided that no one would be promoted, calling this a race-neutral outcome because no group was disadvantaged more than any other.

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