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Monday, June 29, 2009

High Court Overturns Sotamayer Decision Rules in Favor of Firefighters

WASHINGTON — The Supreme Court ruled Monday that a group of white firefighters in Connecticut were unfairly denied promotions because of their race, reversing a decision endorsed by high court nominee Sonia Sotomayor.

The 5-4 ruling poses a potential complication to Sotomayor's nomination, with confirmation hearings set to start in July. Already, supporters and critics of Sotomayor are seizing on the decision in an effort to defend their stance.

In the high-profile, controversial case, white firefighters in New Haven, Conn., argued they were discriminated against when the city tossed out the results of a promotion exam because too few minorities scored high enough on it.

Justice Anthony Kennedy authored the opinion in favor of Frank Ricci and his fellow firefighters who sued the city of New Haven.

"The city's action in discarding the tests violated (federal law)," the Supreme Court majority wrote Monday, adding that the city's "race-based rejection of the test results" could not be justified.

The city argued its action was prompted by concern that disgruntled black firefighters would sue. But that reasoning didn't hold sway with the court's majority.

"Fear of litigation alone cannot justify the city's reliance of race to the detriment of individuals who passed the examinations and qualified for promotions," the court ruled. - FOX News Story

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