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...case, Ricci v. DeStefano, is renewing debate over affirmative action, not least because it reverses a judgment signed off on by Supreme Court nominee Sonia Sotomayor. But the controversy over such programs goes back decades. It was President Lyndon Johnson who first attempted to combat inequality with laws taking race, ethnicity and gender into account. In a 1965 speech at Howard University, he argued that one could not expect a person "who, for years, has been hobbled by chains" to be able to compete with everyone else. Since then, supporters have praised the employment and education opportunities affirmative action...

Author: /time Magazine | Title: A Brief History Of: Affirmative Action | 7/13/2009 | See Source »

...court has long walked a fine line on the issue, rolling back some affirmative-action initiatives and supporting others. In 1978 it agreed that race-based quotas in university admissions amounted to "reverse discrimination." And concurring in 1995's Adarand Constructors Inc. v. Peņa, which called for "strict scrutiny" in identifying discrimination to justify affirmative-action programs, Justice Clarence Thomas argued that such policies "stamp minorities with a badge of inferiority." Trying to balance competing concerns has tripped up employers and admissions officers for decades. In the wake of the Ricci ruling, it will be even trickier...

Author: /time Magazine | Title: A Brief History Of: Affirmative Action | 7/13/2009 | See Source »

...Olympic sports. The USOC needs this money, as it has lost valuable sponsors like The Home Depot, General Motors and Bank of America since the onset of the recession. So why not work with the IOC to resolve any issues with the network - or at least hold off on action until...

Author: /time Magazine | Title: How Olympic TV May Kill Chicago's 2016 Bid | 7/13/2009 | See Source »

...case - 1,194 in total - decided by the judges of the Second Circuit U.S. Court of Appeals during Sotomayor's decade of service. The study used three major measures: whether the votes of each judge were in accord with his or her colleagues'; how often the judge upheld the action of another government branch; and how often the judge deferred to the lower court or agency decision under review. (Read "What the Court's Firefighter Ruling Means for Sotomayor...

Author: /time Magazine | Title: Judging Sonia Sotomayor's Record | 7/13/2009 | See Source »

...Sotomayor compares to her colleagues: "In general, judges in the Second Circuit almost always ruled unanimously - in 93% of decisions. They voted to overturn the challenged governmental action in about 1 out of every 6 constitutional cases. In over one-third of those cases, they voted to overturn the lower court or agency's decision ... Judge Sotomayor's constitutional decisions closely conformed to the overall Second Circuit profile with respect to all three indicators...

Author: /time Magazine | Title: Judging Sonia Sotomayor's Record | 7/13/2009 | See Source »

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