Indeed, the dissenters argued that the case should be returned to the lower courts to look for some hidden racial bias in the test. For Sotomayor, the results alone proved racial bias.
The one advantage Sotomayor's talk-to-the-hand opinion has over Justice Ginsburg's prolix dissent is that brevity prevented Sotomayor from having to explain why quotas aren't quotas.
That was left to Ginsburg.
Liberals desperately want race quotas -- as long as quotas never come to their offices.
But they can't say that, so instead they talk in circles for 10 hours straight, until everyone else is exhausted, and then, when no one is paying attention, they announce: So we're all agreed -- we will have racial quotas.
Based on her lifetime of experience working as a firefighter, Ginsburg said: "Relying heavily on written tests to select fire officers is a questionable practice, to say the least." Liberals prefer a more objective test, such as race.
Isn't excelling on written tests how Ruth Bader Ginsburg got where she is? It's curious how people whose entire careers are based on doing well on tests find them so irrelevant to other people's jobs.
In the middle of a fire, it can either be a great idea or the worst possible idea to open a door. An excellent method for finding out if your next fire chief knows the correct answer is a written test.
Unleashing the canard of all race-obsessed liberals, Ginsburg observed that courts have found that a fire officer's job "involves complex behaviors, good interpersonal skills, the ability to make decisions under tremendous pressure, and a host of other abilities -- none of which is easily measured by a written, multiple choice test."
So does a lawyer's job. And yet attorneys with absolutely no "interpersonal skills" get cushy jobs and extravagant salaries on the basis of their commendable performance on all manner of written tests, from multiple choice LSATs and bar exams to written law school exams.
I note that Ginsburg has not shown any particular interest in rectifying the "disparate impact" of legal exams: She never hired a single black law clerk out of the dozens she employed in more than a decade as an appeals court judge. (Her hiring practices on the Supreme Court are a state secret, but I can state with supreme certainty that her clerks do not reflect the racial mix of Washington, D.C.)
But liberals think other people's jobs are a joke, so the testing must also be a joke. That is -- other than their preferred test: "Is the applicant black, female or otherwise handicapped?"
There is no test that can prove all things about an employee and so there is no test that can't be derided by the race-mongers. Which is exactly the point. Get rid of all tests -- except for lawyers who graduated at the top of their law school classes at Columbia, like Ruth Bader Ginsburg. Then liberals are free to impose racial quotas on other people's jobs without limit.
As crazy as this is, even Ginsburg and the other dissenters made a big point of pretending there was some flaw in this particular test. None adopted Sotomayor's position that unequal test results alone prove discrimination.
This suggests that a wise Jewess, due to the richness of her life experiences, might come to a better judgment than a Latina judge would.