The ugly origins of the Ricci firefighters case

Michael Barone reminds us of how the Ricci case originated. After it turned out that 19 whites and one Hispanic had gotten the highest scores on the qualifying exam, a despicable racemonger went to work to get the results thrown out.

Ricci is also something else: a riveting lesson in political sociology, thanks to the concurring opinion by Justice Samuel Alito. It shows how a combination of vote-hungry politicians and local political agitators -- you might call them community organizers -- worked with the approval of elite legal professionals like Judge Sotomayor to employ racial quotas and preferences in defiance of the words of the Civil Rights Act.

One of the chief actors was the Rev. Boise Kimber, a supporter of Mayor John DeStefano; the mayor testified for him as a character witness in a 1996 trial in which he was convicted of stealing prepaid funeral expenses from an elderly woman. DeStefano later appointed Kimber the head of the board of fire commissioners, but Kimber resigned after saying he wouldn't hire certain recruits because "they just have too many vowels in their name." After the results of the promotion test were announced, showing that 19 white and one Hispanic firefighter qualified for promotion, Kimber called the mayor's chief administrative officer opposing certification of the test results.

The record shows that DeStefano and his appointees went to work, holding secret meetings and concealing their motives, to get the Civil Service Board to decertify the test results. Kimber appeared at a board meeting and made "a loud, minutes-long outburst" and had to be ruled out of order three times.

City officials ignored the inconvenient fact that they had hired an independent and experienced firm -- this is a thriving business -- to draw up a bias-free test and paid a competing firm to draw up another test. Its head testified that the first firm's test was biased without seeing it. The board capitulated and decertified the test. DeStefano was prepared to overrule it if it had gone the other way....

This is the sort of thing Justice Ruth Bader Ginsburg described in the text as just the workings of politics. Writing in Slate, Yale Law faculty member Emily Bazelon goes further. She laments that the promotion test rewarded memorization and that it favored " 'fire buffs' -- guys who read fire suppression manuals on their down time." She is outraged that a fire department might want to promote firefighters who know more about suppressing fires, rescuing victims and protecting their colleagues rather than simply promote a predetermined number of members of specific racial groups whose self-appointed political spokesmen back the politicians in office.