Latina Sonia Sotomayor may figure that ethnicity should determine
judicial outcomes, but Ben Vargas, a plaintiff in the New Haven
firefighters' case, thinks differently. He is a Latino
who believes that promotions should be based on merit, not
race. Shock!
Not surprisingly, his views have not gone over well with those
who have created and benefited from today's racial spoils
system. But his career--and desire to be rewarded for his
hard work and achievements--act as a powerful rebuke to Judge
Sotomayor.
Amazingly, the New York Times includes a positive
profile of Vargas today.
Reports the Times:
When the United
States Supreme Court ruled this week in the
firefighters' favor, Lieutenant Vargas, 40, the son of Puerto
Rican parents, found himself celebrating amid an awkward racial
dynamic: As the lone Hispanic among the 18 plaintiffs who had
challenged an affirmative action policy, he had also challenged
an appeals court decision joined by Judge Sonia
Sotomayor, the first Hispanic nominee to the Supreme
Court.
"She's from Puerto Rico, and I'm from Puerto Rico," he said.
"She obviously feels differently than I do."
The Supreme Court's 5-to-4 decision is expected to have
repercussions on employment
discrimination law that go well beyond fire departments,
where minority groups have been woefully underrepresented,
particularly in leadership positions. On the steps of the
federal courthouse in New Haven on Monday, a lawyer for the
firefighters, Karen Lee Torre, said they had "become a symbol
for millions of Americans who have grown tired of seeing
individual achievement and merit take a back seat to race and
ethnicity."
For Lieutenant Vargas, the ruling will probably mean a
long-awaited promotion to captain in a 350-member department
that he has admired since childhood but that has been plagued
for decades by racial tension and recriminations.
"I consider myself an American - I was born and raised here,"
he said in an interview on the porch of his home in the wooded
suburb of Wallingford. "I love my people. I love my culture. I
love our rice and beans, our salsa music, our language -
everything my parents raised us with. But I am so grateful for
the opportunity only the United States can give."
When Supreme Court Justice Sotomayor--assuming nothing happens to
derail her approval by the Senate--dives into the cases before
her, will her empathy reach someone like Vargas? Someone
who understands why opportunity, not race, should be what America
is about?
The Times profile concludes:
Gesturing toward his three young sons, Lieutenant Vargas
explained why he had no regrets. "I want them to have a fair
shake, to get a job on their merits and not because they're
Hispanic or they fill a quota," he said. "What a lousy way to
live."
