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Special Treatment and Sotomayor

Will this presidential election be the most important in American history?

(Released Jul 2009)

In a recent 5-to-4 decision, the U.S. Supreme Court rejected race-based employment practices.

In Ricci v. DeStefano, all Americans are put on equal footing regardless of race. But some don’t like this situation.

The Ricci case revolves around a 2003 exam that was given to firefighters seeking promotion in New Haven, Connecticut. After the tests were scored, only two Hispanics and no blacks scored high enough to qualify for promotion.

After black and Hispanic activists pushed to have the test results thrown out, the city’s Civil Service Commission effectively did so by deadlocking 2-2 on the decision to certify the exam. As a result, no firefighter received a promotion.

Because the exam results were set aside by the city for no other reason but race, 20 New Haven firefighters – one Hispanic and 19 white – sued based on the claim of reverse discrimination.

The city was granted summary judgment at the district court level, and a panel of judges that included current U.S. Supreme Court nominee Sonia Sotomayor sided with the lower court. An eight-sentence opinion called the previous ruling allowing the city to throw out the test scores based on racial grounds “thorough, thoughtful and well-reasoned.”

After all of the significant strides that have been made for equal opportunity over the years, one would think that winners and losers today would no longer be decided based on skin color.

For a good portion of the 20th century, blacks were denied equal rights when it came to housing, education, employment opportunities and access to business and school admissions. Government mandates were rightly implemented at the time to rectify these inequalities.

But America changed.

From the White House to the worlds of sports, entertainment and corporate America, most blacks have moved on and are taking advantage of opportunities and leading successful, productive lives.

Times – and attitudes – are now different. The petty racism of the past truly is a thing of the past.

Fortunately, the Court’s ruling on the Ricci case won’t allow the clock to continually be turned backward. But based on comments made by the nominee, Sonya Sotomayor could reinvigorate racial preferences.

This disturbing possibility puts change at a crossroads.

In light of the Court’s ruling in the Ricci case, Sotomayor’s opinions should be closely scrutinized to determine her judicial philosophy.

Sotomayor sided with preferential treatment instead of equal opportunity in the Ricci case, yet, decisions based on race and not the law have no place in today’s society.

Preferential treatment based on skin color, race, ethnicity, sex or national origin is immoral, and such characteristics should not claim superiority above the law.

Special treatment for one group of individuals at the expense of another is discriminatory for all and further incites feelings of resentment and racism.

To deny individuals an opportunity because of skin color – no matter how good the intentions are – is just plain wrong and is not a belief held by most Americans.

One can only hope the Court’s ruling in Ricci – against race-based employment practices – will play a significant role in changing the hearts and minds of those who still believe preferential treatment is necessary.

As for Sotomayor, it is the duty of senators to ensure this progress is not negated by a nominee out of the mainstream.

Deneen Borelli

Deneen Borelli is the author of Blacklash: How Obama and the Left are Driving Americans to the Government Plantation. Deneen is a contributor with Newsmax Broadcasting. She is a former Fox News contributor and has appeared regularly on “Hannity,” “Fox & Friends,” “Your World with Neil Cavuto,” and “America’s Newsroom.” She has also appeared on Fox Business Network programs “Making Money with Charles Payne,” “The Evening Edit with Liz MacDonald,” and “Cavuto: Coast to Coast.” Previously, Deneen appeared on MSNBC, CNN, the BBC and C-SPAN. In addition to television, Deneen co-hosted radio programs on the SiriusXM Patriot channel with her husband Tom. Recently, Deneen co-hosted the Reigniting Liberty podcast with Tom. Deneen is a frequent speaker at political events, including the FreedomWorks 9.12.2009 March on D.C. which drew a crowd estimated at over 800,000 people. Deneen is also an Ambassador with CloutHub.com, a social media platform that promotes free speech, and with the America First Policy Institute (AFPI) which advances policies that put Americans first. Deneen testified before the U.S. House of Representatives Committee on Natural Resources in May 2011 and before the Ohio House Public Utilities Committee in December 2011. Previously, Deneen was a BlazeTV.com host, Outreach Director with FreedomWorks.org overseeing its Empower.org outreach program, a Project 21 Senior Fellow, and Manager of Media Relations with the Congress of Racial Equality (CORE). Prior to joining CORE, Deneen worked at Philip Morris USA for 20 years. During her corporate career at Philip Morris she worked in various positions, her last as Project Management Coordinator in the Information Management department where she was responsible for the department’s mandated quality processes, communications, sales information and database management. Deneen began her Philip Morris career as a secretary and advanced to positions of increasing responsibilities. Deneen worked full-time and attended classes at night for 11 years to earn her B.A. in Managerial Marketing from Pace University, New York City. Deneen served on the Board of Trustees with The Opportunity Charter School in Harlem, New York. She appeared in educational videos for children, worked as a runway fashion model, and auditioned for television commercials. Her interests include ancient history, pistol target shooting, photography, and volunteering at her church. Deneen currently resides in Connecticut with her husband Tom.

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