Political Hay
The Borking of Frank Ricci
When he testifies before the Senate Judiciary Committee, the New Haven firefighter will once again be on the wrong end of liberal empathy.
If I were a betting man, I would wager that the person who will face the toughest scrutiny at Sonia Sotomayor’s Supreme Court nomination hearings before the Senate Judiciary Committee won’t be the nominee but rather a private citizen. Frank Ricci, the New Haven firefighter whose discrimination lawsuit Sotomayor tried to bury she was subsequently overturned by the Supreme Court, is due to testify in front of the committee either Thursday or Friday. Ever since Senate Republicans announced last week they had called Ricci to testify, liberal activists have been chomping at the bit. If the appetites of liberal activists are any indication, then Senate Democrats will be chewing Ricci’s flesh to the bone.
One might ask why Senate Republicans would put Ricci in such a position. Let us remember that President Obama appointed Sotomayor to the nation’s highest court as much for her supposed empathy as for whatever judicial qualifications she might possess. Upon the announcement of David Souter’s retirement on May 1, President Obama said:
I will seek someone who understands that justice isn’t about some abstract legal theory or footnote in a casebook; it is also about how our laws affect the daily realities of people’s lives, whether they can make a living and care for their families, whether they feel safe in their homes and welcome in their own nation. I view that quality of empathy, of understanding and identifying with people’s hopes and struggles, as an essential ingredient for arriving at just decisions and outcomes.
Well, Sotomayor’s ruling against Ricci certainly affects the daily realities of Ricci and the other New Haven firefighters. Her ruling certainly affects whether Ricci and the other New Haven firefighters can make a living. When it came to the struggles of Ricci and company, where was the quality of empathy from Sotomayor about which President Obama waxed so eloquently? Ricci’s presence before the Senate Judiciary Committee puts the empathy question to the test.
Clearly Ricci’s presence perturbs liberal activists, who see him as a threat to Sotomayor’s coronation. Leading the charge against Ricci is the liberal activist group People for the American Way (PFAW). Co-founded in 1981 by television producer Norman Lear, PFAW proudly boasts that it “helped lead the coalition that kept Robert Bork off of the U.S. Supreme Court” in 1987.
Shortly after learning Ricci would testify, PFAW circulated an e-mail concerning Ricci’s “troubled and litigious work history.” PFAW was referring to a lawsuit filed by Ricci in 1995 against the New Haven Fire Department. Ricci contended he had not been hired because of his disclosure of his dyslexia. Eventually, the New Haven Fire Department would hire Ricci in exchange for dropping the lawsuit and payment of Ricci’s legal fees.
Brian Beutler wrote on the liberal blog Talking Points Memo:
If you were Frank Ricci, you might say something like, “Frank Ricci got a job and somebody who wasn’t dyslexic didn’t.” Remember, this is the same Frank Ricci who took his reverse discrimination suit all the way to the Supreme Court, where lower court rulings against him—including one by Sotomayor’s Second Circuit—were overturned.
Ricci will testify against Sotomayor before the Senate Judiciary Committee next week—this despite the fact that his views on jurisprudence seem to begin and end with the proposition that legal protections against discrimination are great when they work in his favor, and unconscionable when they don’t.
Beutler misses the point. Ricci is being remarkably consistent in that he is arguing that discrimination is discrimination. The term reverse discrimination seems to imply that some groups are supposed to be discriminated against — namely white males. Is Beutler suggesting Mr. Ricci ought to be prohibited from filing more than one discrimination lawsuit in his lifetime? Isn’t it possible both lawsuits had merit? If a person genuinely believes they have been discriminated against on more than one occasion why should they prohibited from seeking a legal remedy? Somehow I don’t think Beutler would object to an African-American filing multiple discrimination lawsuits unless, of course, that African-American happened to be a conservative.
The fact is that in preparing for these promotional tests, Ricci paid a friend $1,000 to read textbooks onto audio tapes as well as made flash cards, took practice tests, participated in mock interviews and in a study group. Liberals might choose to see Frank Ricci as a malingerer and a malcontent. Conservatives, however, choose to see Frank Ricci as a person who worked diligently for his dream and earned it only to have it unjustly taken from him.
For its part PFAW feigns innocence. Marge Baker, PFAW’s Executive Vice-President, said her organization had “simply pointed out the fact that Frank Ricci, on his own behalf, has used employment discrimination laws to help him.”
If only it were that simple. Indeed, PFAW also noted Ricci had once been terminated by the fire department in Middletown, Connecticut. Ricci contended he was fired for raising safety concerns. It is worth noting the Middletown Fire Department would later be fined due to safety violations.
Of course, if Ricci were an obstacle for a Supreme Court nominee picked by George W. Bush and Republicans, PFAW would hail Ricci’s service as a firefighter and his courage as a whistleblower. But since Ricci is a thorn in the side of the “wise Latina” and by extension President Obama, PFAW instead portrays Ricci as a troubled, litigious malcontent, not as a patriotic, courageous whistleblower. But when Republican Lindsey Graham tells Sotomayor at the outset of the hearings, “you’re gonna get confirmed,” one must wonder why PFAW even bothers?
Yet it won’t get any easier once Ricci testifies. He will be in the awkward position of sitting in between Chuck Schumer and a camera, not to mention be subjected to the comedy styling of newly minted Senator Al Franken. I can imagine Patrick Leahy, the Judiciary Committee Chair, saying, “Let this committee now come to order. The Borking will now resume.”
About the Author
Aaron Goldstein writes from Boston, Massachusetts.
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Darin| 7.15.09 @ 7:27AM
Democrats will try to make this all about Ricci. It's not. It's about Sotomayor and whether or not she displays racist and discrimination tendencies in her judicial rulings. Her ruling against Ricci and the other firefighters do seem to indicate racial discrimination. If there are other such instances in her past rulings, she is racist by her own actions. Everyone involved in the questioning needs to remain focused on that fact. Questions about Ricci's past are irrelevant as he's not a character witness. Such questions would be relevant if Ricci had past dealings with Sotomayor, but I have yet to hear that is the case.
Robert Rosencrans| 7.15.09 @ 8:33AM
Just contrast Ricci's treatment to that of Lilly Ledbetter. Ricci followed the rules. Lilly Ledbetter waited five years to file her complaint. Also, a supervisor Lilly Ledbetter claimed had sexually harassed her had conveniently passed away. She didn't follow the rules so she's a hero to the left.
A bill was passed to protect people like her giving them a blank check to sue their employee seemingly even beyond death.
Lilly Ledbetter was called to D.C. and that was the first bill signed by Obama, another product of affirmative action. It was a huge festive celebration. In the meantime millions of jobs continue to flee our litigious environment and move overseas.
Frank Ricci will not be celebrated for following the rules, he will be despised.
The Lilly Ledbetter law will actually limit job opportunities for many because many companies get smart on how to hire people. They hire them overseas or by contract.
In the meantime Frank Ricci will be treated like a thief at the Senate hearings. In fact, he did take something, he took his equal rights back. A citizen in the United States shouldn't have to do that.
Pingback| 7.15.09 @ 9:20AM
The Borking of Frank Ricci | Citizen Right links to this page. Here’s an excerpt:
logmank| 7.15.09 @ 9:38AM
This is a perfect example of why the Repubs are now out of power and will stay out of power for the forseeable future.
They don't have the cojones to attack Sotamayor on the issues. Rather, they want to call in a private citizen to do their jobs for them.
There won't be enough of Mr. Ricci's carcass left to be recognizable after the Dems get through with him.
drudge ette obama| 7.15.09 @ 10:33AM
Does anyone really think Lindsey Graham has the physical strength to fight anyone's battles? Sonja would bowl him over with one swipe of her heavy shoulders, then growl at him with that grinding face.
Ricci will hold up fine. He's a hard worker with an ADA recognized disability who has the courage to go into burning buildings.
Anthony| 7.15.09 @ 10:35AM
Joe the Plumber, Frank Ricci, etc, etc. The path to success by the Saul Alinsky Democrat Party is paved with the bodies of the the "ordinary folks" they profess to love so; but had the temerity to dare question, hence, their destruction, by any means necessary.
Poor Frank, entering this Senate hearing room will be to encounter a "blowback" he's yet to experience in all his years as a firefighter. He should appear in full inferno gear.
Mike| 7.15.09 @ 10:39AM
How predictable that TAS continues to misrepresent Ms. Sotomayor's decision in the Ricci case.
And yes, Mr. Ricci will be yet another victim in the long, shameful history of Hispanic women oppressing white men in our country.
Oh, and lets not forget to be incensed at how the current administration has so abused Goldman and suppressed the profits of that company in the name of socialism.
Pingback| 7.15.09 @ 11:08AM
The real reason behind the economic meltdown – government (particularly Democrats) « links to this page. Here’s an excerpt:
macdaddy| 7.15.09 @ 1:11PM
I have to agree with logmank. There is absolutely no reason why one of the parties to a case that came before her should testify. Unless Sotomayor treated him shabbily during the trial or was unprofessional in some other capacity, how does he have any bearing on her nomination. He sued, she ruled against him, her ruling got overturned. Do Republicans really want to open this door? When a GOP President nominates someone next, we are going to be treated to an endless parade of women, minorities, and children who the judge ruled against. Guess who will come out the winner when that happens? And that's all thanks to some very short-sighted Republican nimrod Senators. Is it too much that these guys use their brains on occasion?
Marc Jeric| 7.15.09 @ 1:47PM
It is pathetic to see our Republican wimps "questioning" La Sotomayor, a proven pig-faced racists with lipstick. They should have taken courses in "borking" and "high-tech lynching" from the experts - Biden, Kennedy, Leahy, at al.
Appleby| 7.15.09 @ 2:28PM
Why should the Democrats have brought Anita Hill forward to make scurrilous, unfounded accusations against Clarence Thomas -- especially after eliciting those very comments with the promise she would remain anonymous, thus encouraging her to make up real dirt that might stick?
But they did.
When Ms. Hill proved a fraud, all those feminists who chanted "We believe Anita!" conveniently faded away without a single Mea Culpa.
Fascinating, eh?
I Conner Klast| 7.15.09 @ 2:31PM
The legal logic to Judge Sotomayor's ruling against Mr Ricci is that since an entity must hire by racial quotas, it must therefore promote by same. That suggests that anytime people of specific races are hired they must be promoted by the same ratio, regradless of the means. That is racism.
Liberal Reader| 7.15.09 @ 2:45PM
What's with the New Conservative Victimization movement?
Palin is a victim; Ricci is a victim; Joe the Plumber, of course, was a victim. Even Sanford, to a certain extent, figures himself as a victim of his passion and the sincerity of his feelings.
Palin has been "viciously attacked" by the press, evidently the first politician ever to have suffered such attacks.
Now we learn that a blogger somewhere may have once said something bad about a fire man from New Haven -- as though firemen have brittle reputations easily marred by calumny.
As one bleeding heart to what appears to be a whole legion of bleeding hearts, I say:
Read some Marcus Aurelius. Try some stoic resolve. Keep your chin up. Take a few aspirin. Have a cream soda; have a sandwich. Do something. Please stop your griping, though.
Liberal Reader| 7.15.09 @ 2:47PM
I Conner Klast --
Clearly you're not familiar with the facts of the Ricci case or the binding precedents.
How about this: look something up before you comment on it. Have some information, not just what you heard on Sean Hannity last night.
The Crazy Old Coot| 7.15.09 @ 5:54PM
Liberal Reader:
Read some Marcus Aurelius. Try some stoic resolve. Keep your chin up. Take a few aspirin. Have a cream soda; have a sandwich. Do something. Please stop your griping, though.
..Hello Kettle. This is the Pot. You're black.
Liberal Reader| 7.15.09 @ 6:00PM
Coot --
How so? I'm not writing it moaning every five minutes.
It seems like all conservatives do anymore is complain.
The media hates Palin. Joe the Plumber got a tax bill. Someone said something mean about a fireman. Poor Sanford got his heart broke. Poor Judge Bork, poor Olly North. The world is just so cruel.
What's with this hole sob sister martyr thing?
Grow the hell up and act like adults.
The Crazy Old Coot| 7.15.09 @ 6:41PM
Liberal Reader:
"Grow the hell up and act like adults. "...I agree people do need to grow up and act like adults....
"I don't have a job. The tax payer must give me healthcare."
"I make $30K a year and bought a $600K house with a negatively amortizing loan and now can't make my mortgage payment. The government needs to bail me out." (and don't start in on TARP. It's a big cluster %^*% and the idiot companies should be allowed to be thrown on the scrap heap of history; but you don't fix a recession brought on by lax lending standards by continuing to have lax lending standards).
"It's my body. It's my choice. But I expect the government (i.e taxpayer) to pay for me to raise my choice through welfare."
"I can't live within my means and can't pay my bills and my bank keeps raising my interest rates or my minimum payments. The government needs to save me from the mean nasty banks."
"You have to pass a test to be eligible for a promotion. Oh, wait let's throw the test results because not enough minorities passed the test"...If my house is on fire, I don't care what color or ethnicity the firefighters who come to my house are. They could 12 eyes, be pink with purple polka dots and hail from the planet Neptune for all I care, but I for sure expect them to be qualified, and if you can't pass the test.......
"I refuse to live within my means and save money so when I get old I don't have to eat cat food. The government needs to steal from the new workers to pay the old workers."...If we're (correctly) going to throw Bernie Madoff in jail for running a Ponzi scheme, perhaps the Attorney General and US Attorneys should start looking at 537 elected officials plus thousands of bureaucrats for running the biggest Ponzi scheme in the history of the world.
Perhaps more people should start taking responsibility for their own lives and choices and stop relying on the government and those that made prudent choices and lived within their means to support them.
Richard Baker| 7.15.09 @ 6:47PM
Liberal Reader:
Remember, the Revolution began with Committees of Correspondence and speeches, most notably Patrick Henry. Then one day, along came Lexington and Concord and , as Paul Harvey used to say, you know the rest of the story. I guess Henry, Adams, Jefferson, and the others were just immature and not acting like adults? Liberty has it's role models in American Revolutionary history. Remember, a 3% Stamp tax was the straw that broke the camels back. Lightning can, and will strike again, unless....
Liberal Reader| 7.15.09 @ 7:05PM
Richard Baker --
Congratulations. You win the hilariously inappropriate and misplaced historical analogy of the day award.
Recently "conservatism" has consisted in a great deal more martyr mongering and professional whining than the liberals are doing.
Is Sarah Palin the new Abigail Adams then? And Joe the Plumber -- he must be Sam. Sanford is definitely Jefferson. Rush Limbaugh -- who's he? Louis the XIV?
JimE| 7.15.09 @ 10:07PM
Liberal illiterate,
You are too funny, will the new health care program pay to have you head pulled out of your ass?
Joe Heathen| 7.15.09 @ 11:57PM
Well, how about delving into a legal opinion of Sotomayor's ruling in "Ricci" and her referring to a precedent set with "Hayden v. County of Nassau"?
-
http://writ.news.findlaw.com/dorf/20090715.html
-
Seems that Orrin Hatch is confused on some points of law. As well as many of you. But that's to be expected. Never let facts get in the way of perceptions.
A H| 7.16.09 @ 12:30AM
HISPANIC WOMEN HAVE BEEN DESTROYING THE LIVES OF PITIFUL WHITE MALES FOR FAR TOO LONG. WE NEED TO STOP THIS OPPRESSION. SAVE THE WHITE MALE, THE ONLY CREATURES JESUS CHRIST REALLY LOVES ON THIS EARTH, BEFORE IT IS TOO LATE. PLEEZ HELP US.
macdaddy| 7.16.09 @ 11:58AM
AH: go back to daily Kos from whence you came. You troll.
Richard Baker| 7.16.09 @ 5:07PM
Liberal Reader:
Do you know in what country you live? Are you sure? When the Restoration occurs you and your ilk will see who the adults are. The notice is being given that tyranny will not stand and you folks think it's a joke. Our models are the men of 1776 who were willing to give it all for Liberty and Freedom. Remember, Great Britain thought these men foolish, until Yorktown. This country was founded by Revolutionaries and their descendants still live.
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