First; among most supporters civil rights it is impossible for them to ascribe affirmative action to white males. Although progressives go through mental contortions in an attempt to define affirmative action as merely “leveling the playing field”; it is obvious to anyone paying attention that this is not so. Given any random sample of human professionals, individual attitude, life experience, education, and self discipline will play a significant part in how well they individually score on a written or oral exam. No group will ever test to the statistical population. So while affirmative action states that its goal is the leveling of the playing field; its only use is to move significant populations of favored groups into positions of authority regardless of qualifications.

The City of New Haven would not have hesitated for one minute to promote all lieutenants to Captain if the ratio had been 18 Blacks, 2 Hispanics and no Whites. In fact, if such a thing had happened I would expect the Mayor of New Haven to make some kind of public announcement, simultaneously praising himself on his enlightened attitude and excoriating the White firefighters as lazy. That Ms. Sotomayor has no problem discriminating against White Males should come as no surprise to anyone.

Second; the Civil Rights Act of 1964, since it has been translated into a numbers game, gives minorities of all persuasions a false sense of security. They have settled law to quote whenever anyone other than themselves gains promotion. No characteristics matter anymore. The prevailing attitude is; “I don’t have to excel. I don’t have to be good at my job. Hell, I’m a minority! If they promote anyone, including a late coming minorities before me, I’ll sue!” This is exactly what the New Haven City government was concerned with. There were multiple oral interviews, each conducted by a three person team consisting of a White, a Black, and a Hispanic team member. They did everything possible to make the interview process as even as possible. The City spent tens of thousands of dollars to have a consulting firm create a written exam as free from racial bias as possible.

Firefighters that wanted promotions paid attention to the City’s pronouncements of what to study. According to reports several went out of their way to buy additional texts; and at least one hired a tutor to assist in preparation for the exams. Apparently; some felt that they didn’t need to prepare for this exam believing that being a member of a favored group was more than enough to cement their promotion. The major accomplishment of the Civil Rights Act of 1964 is that not only does everyone know that it is used to favor certain groups; but everyone KNOWS that everyone knows that this is its primary use.

Third; the ‘unspoken’ statement regarding this legislation is; “We know that minorities cannot ‘hold their own’ in a straight forward competition. We know that we must take their less than typical upbringing, education, and levels of self discipline and deliberately skew the playing field in their favor. This implicit promise of favoritism is what has led, over the last 45 years to the sense of reverse discrimination and entitlement that is described in the above paragraphs.

Ms. Sotomayor is one of the first liberals I’ve ever seen that unabashedly says that she is a product of affirmative action. She admits her grades were no match for her colleagues in school. Her writings and her courtroom behavior since then prove her statements. Overturned no less than seven times by the very court she seeks to be admitted to, her reported condescending attitude during court proceedings, and her documented methods of play both ends against the middle during 2nd Circuit deliberations paints a clear picture of her belief system.

Knowing that there is settled law that ascribes all amendments of the Bill of Rights to all US citizens, she will issue a decision that the 2nd Amendment applies to federal law only and that states may be as restrictive of this right as they wish. Knowing that discrimination may well run in either direction, she issues a ruling that favors tossing out a promotions exam that basically says that it’s not even worth spending court time on.

While her appointment will not change the current balance of the court; it will significantly alter the level of achievement required of a Supreme Court Justice. If persons in general thought the Clarence Thomas lacked the stuff to ascend to the court, just wait until they get a load of Ms. ‘Latina Heat’.