Academic

Justices Rule for Firefighters in New Haven Bias Case

By Kevin Maillard

The NYT reports that the Supreme Court has decided in favor (5-4) of the white firefighters in the New Haven bias case, where the city threw out the results of a promotion exam to avoid a lawsuit. The exam resulted in no promotions for African-Americans and only two Latinos.

This is the controversial case for nominee Sonia Sotomayor, where she sided with the city of New Haven. It will be interesting to see what will come of this in the confirmation hearings.

"Fear of litigation alone cannot justify an employer's reliance on race to the detriment of individuals who passed the examinations and qualified for promotions," Justice Anthony Kennedy said in his opinion for the court. He was joined by Chief Justice John Roberts and Justices Samuel Alito, Antonin Scalia and Clarence Thomas.

In dissent, Justice Ruth Bader Ginsburg said the white firefighters "understandably attract this court's sympathy. But they had no vested right to promotion. Nor have other persons received promotions in preference to them."

Justices Stephen Breyer, David Souter and John Paul Stevens signed onto Ginsburg's dissent, which she read aloud in court Monday.

Full post as published by The Faculty Lounge on June 29, 2009 (boomark / email).