Racialism Reaches the Supreme Court
And “post-racial” America continues to live up to its billing:
A divided Supreme Court took up its first examination of race in the Obama era yesterday, wrestling with claims of job discrimination by white firefighters in a case that could force changes in employment practices nationwide.
The New Haven case pits white firefighters, who showed up at the court yesterday in their dress uniforms, against the city over its decision to scrap a promotion exam because no African-Americans and only two Hispanic firefighters were likely to be made lieutenants or captains based on the results.
At issue is whether adjusting criteria in order to ensure equal outcome (read: “biased methods”) isn’t the maximum of what public bodies can do in the name of race consciousness. Depending which way Justice Anthony Kennedy swings, they may be able to experiment on the fly — setting up rules and them changing them after the fact when they don’t like the results.