For those who argue that the test in the Ricci case was obviously racially discriminatory, consider this detail that is oft overlooked -- and indeed, is generally gotten wrong in reporting on the case.

Contrary to reports that no blacks passed, nine did. Their pass rate was about half that of the white test-takers, a common phenomenon in New Haven and elsewhere. Although no black candidate scored high enough to qualify for immediate promotion, three would have been eligible when, it turned out, new vacancies opened up over the next two or three years.

So not only were promotions denied the highest-scoring candidates based upon their race, it is untrue that there would have been no blacks promoted because of the test. Rather, their promotions would have come a short time later, as additional spots opened up through natural attrition and the operation of the neutral principle of promoting the next qualified candidate as determined by the qualifying test.

Oh, and by the way, the record further indicates that racial animus was a conscious basis for throwing out the results of the neutral, non-biased test.

• Politically powerful African-Americans led by the Rev. Boise Kimber demanded loudly that no high-scoring whites or Hispanics be promoted. He has long been a key vote-getter for the city's (white) mayor, John DeStefano.

• The mayor told aides that he would block promotions of the high scorers even if the city's civil service board approved the tests as valid and fair.

• Kimber warned civil service board members of a "political ramification" if they approved the test results.

In other words, the demand of black leaders and their puppet mayor was that less qualified blacks be promoted ahead of more qualified whites and Hispanics -- and the mayor threatened reprisals against civil service board members if they voted to let the promotions go forward and also indicated that he would block the promotions based upon the race of the firefighters who were to be promoted.

This is what Judge Sonia Sotomayor considered constitutionally acceptable when she joined a one paragraph opinion upholding the district court decision in the case. That therefore is indicative of the sort of racial discrimination she is willing to allow under the Constitution and laws of the United States. Seems to me that she not only should not be confirmed to the Supreme Court, but that she should be driven from the bench in disgrace -- through impeachment if necessary.