
I sat through a debate Tuesday afternoon at the University of Toledo College of Law in Toledo, Ohio, between Mark P. Fancher, staff attorney and director of the Racial Justice Project at the American Civil Liberties Union of Michigan (standing at lectern), and Ilya Shapiro, the senior fellow in constitutional studies at the Cato Institute (sitting). (Please forgive the photo quality, I took it with a low-quality cell phone.)
The debate, interestingly enough, was titled “Affirmative Action vs. Reverse Discrimination” and centered on the Supreme Court’s ruling earlier this year in Ricci v. DeStefano, the affirmative action case involving a promotion test given to New Haven, Conn., firefighters. (For more background on the case, click here.)
Essentially, the city determined that the examination was racist because statistics showed that not as many minorities as whites passed the test. Therefore, the city threw out the test and refused to promote the whites and one Hispanic who passed the test.
The white firefighters sued.
The appellate court, in an opinion written by now-Justice Sonia Sotomayor, sided with the city in ruling the test as unfair to minorities. The Supreme Court overruled and found for the white firefighters.
In the debate, Fancher, who is black, took the position that the test was obviously racist because of the disparate impact to blacks.
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