Sotomayor hearing: New Haven firefighters testify about Ricci ruling
Two New Haven firefighters testified this afternoon about the 2nd Circuit ruling that upheld the decision of city officials to throw out the results of a civil service exam after few minorities qualified for promotion.
Frank Ricci and Ben Vargas, plaintiffs in the case that ultimately went to the U.S. Supreme Court, which reversed the decision of the panel on which Sotomayor sat, gave deeply personal statements to lawmakers, saying they toiled hard to prepare for a test of skill, only to have their passing scores discarded based on race.
“Despite the important civil rights and constitutional claims we raised, [the panel] in an unsigned, unpublished summary order that consisted of a single paragraph that mentioned my dyslexia and thus led everybody to think that this case was abut me and a disability claim,” said Ricci, the named plaintiff. “The case had nothing to do with that. It had everything to do with ensuring our command officers were competent to answer the call and our right to advance in our profession based on the merit regardless of race.”
Vargas, who is Hispanic and one of only two minority members to pass the test, said he was shocked when the test results were not certified, and proud to join with other firefighters in filing the civil rights action. “I expected Lady Justice with the blindfolds on and a reasoned opinion from a federal court of appeals, telling me, my fellow plaintiffs and the public what that court’s view on the law was and do it in an open and transparent way,’ he said. “Instead, we were devastated to see a one-paragraph unpublished order summarily dismissing our case and indeed even the notion that we had presented important legal issues to that court of appeals.”
Sen. Jeff Sessions asked Vargas if more of the firefighters had studied as long as he did – Vargas said he even checked in to a hotel room for days away from his family to prepare – they would also have passed. Vargas answered: “Absolutely.”
A witness panel, which includes the firefighters, Mayor Michael Bloomberg, District Attorney Morgenthau and others, is being questioned by lawmakers now. More to come on this blog.
