Yale Area Real Estate – New Haven

In today’s newspaper, there were two different columns with perspectives differing in more ways than one. Jonathan Yoo (of the enhanced interrogation fame) wrote from the right and Linda Greenhouse wrote from the left of Yoo (maybe still in the middle, however). Their subject, the New Haven Firemen Promotion case recently decided in favor of the firemen by the Supreme Court, was either the end of quotas if you are in Yoo’s camp, or simply a political vote if you see Greenhouse’s view. The actual matter of law, or the underlying social issues, seem not to have been of concern to 5 of the Supreme Court Justices (at least 4 in any case).

The Yoo’s of this world have made it. For sure they have worked hard and in all probability have overcome impressive obstacles. They look at anyone or anything that might take away from what they have accumulated, as a criminal about to strike. The “haves” are not about to give much, if anything, to the “have-nots”.

This troubling theme is running through the Roberts Court’s 5-4 decisions.  There seems to be no acknowledgement of the social reasons that have driven laws to be enacted, or procedures to be put in place that takes into account the melting pot that is the United States. In New Haven, the Supreme Court looked the other way and did not insist that there be a diversity positive step in setting criteria for fire department promotions.  They apparently did not think it important  that minority fire department members be included in the upper ranks. This is not a question whether the test that was given lead to results that correctly measured the field (based upon questions asked). Rather, the issue is that probability and sensibility suggest that there must be other qualified minority fire department members, and, who could be successful if promoted. Recent history with police departments and professional basketball and football teams indicate that minorities have broken into leadership positions as police chiefs and coaches, and have succeeded.  (This in no way says that they were the most qualified.)  These accomplishments would not have happened without social pressure.

Arguably there is plenty of fault with the city of New Haven in the sense of how well they thought through the promotion test. And for a lower court to have concluded that New Haven was at fault would be understandable. What is not understandable is for the Supreme Court to find that. Thus, one must conclude that the Supreme Court finding is based solely upon ideological thinking and not upon social considerations. This is simply another reason why citizens must think through their choices for President since the President has the major power in deciding who gets to make up the ideological majority of the Supreme Court.

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