The Supreme Court reverses the decision of the Sotomayor court on the New Haven firefighters.
I doubt this will make a difference in the Sotomayor nomination, but I think it’s the correct decision. And, as in so many of this Supreme Court’s decisions, this one came down 5-4. Isn’t it interesting how predictable most of the Justices are? Well, I guess you could call them “consistent” instead.
Here’s an excerpt:
The ruling could alter employment practices nationwide and make it harder to prove discrimination when there is no evidence it was intentional.
“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.
Kennedy’s opinion made only passing reference to the work of Sotomayor and the other two judges on the 2nd U.S. Circuit Court of Appeals who upheld a lower court ruling in favor of New Haven.