Sonia Sotomayor

With one short dismissive paragraph Judge Sotomayor dismissed the case of white firefighters of the New Haven Fire Department. ( New Haven, Conn.) "We are not unsympathetic to the plaintiff's expression of frustration," but the firefighters who filed the case don't have a "viable" claim under the law. What kind of viability is she looking for. The NHFD issued a written exam for advancement to Captain. All Lieutenants were given the same study material and the playing field was dead even. Only once it was announced that no black candidates were promoted did a problem arise in the eyes of those candidates. It makes me wonder where that empathy is that everyone keeps talking about in regards to Judge Sotomayor. Oh I almost forgot, whites need not attempt to curry any empathy. I only wonder what her ruling would have been had the roles been reversed. If not one white candidate had passed the exam and it had been thrown out, would she calously tell the black candidates that they didn't have a "viable" claim under the law to seek justice.