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THURSDAY, NOVEMBER 26, 2009
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25

High Court Rules for White Firefighters

5-4 decision reverses appeals panel that included Sotomayor

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(AP) – The Supreme Court has ruled that white firefighters in New Haven, Conn., were unfairly denied promotions because of their race, reversing a decision that high court nominee Sonia Sotomayor endorsed as an appeals court judge. In a 5-4 ruling along ideological lines, the court said that New Haven was wrong to scrap a promotion exam because no African Americans and only two Hispanic firefighters scored high enough to make lieutenant or captain.

"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," Anthony Kennedy said in his majority opinion. He was joined by John Roberts, 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."

In this March 5, 2009 file photo, the Supreme Court Building is seen in Washington.
In this March 5, 2009 file photo, the Supreme Court Building is seen in Washington.   (AP Photo/J. Scott Applewhite, FILE)
Supreme Court nominee Sonia Sotomayor awaits her first senatorial meeting of the day, Tuesday, June 23, 2009, on Capitol Hill in Washington.
Supreme Court nominee Sonia Sotomayor awaits her first senatorial meeting of the day, Tuesday, June 23, 2009, on Capitol Hill in Washington.   (Harry Hamburg)
Supreme Court nominee Sonia Sotomayor meets with Sen. Mel Martinez, R-Fla., not shown, Tuesday, June 9, 2009, on Capitol Hill in Washington Tuesday.
Supreme Court nominee Sonia Sotomayor meets with Sen. Mel Martinez, R-Fla., not shown, Tuesday, June 9, 2009, on Capitol Hill in Washington Tuesday.   (AP Photo/Harry Hamburg)
In this Feb. 1, 2007, file photo Supreme Court Chief Justice John Roberts speaks to students and faculty at the Northwestern University School of Law in Chicago.
In this Feb. 1, 2007, file photo Supreme Court Chief Justice John Roberts speaks to students and faculty at the Northwestern University School of Law in Chicago.   (AP Photo/M. Spencer Green, File)
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25 comments
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doingtherightthing
Jun 29, 09 9:43 AM CDT
a gender bias racist person is Sotomayor. I'd rather have Pelosi sitting in supreme court. Reply
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-5
IN RESPONSE:
Fondue
Jun 29, 09 9:56 AM CDT
Wow at that first statement. You make it so easy to give you thumbs down sometimes.
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IN RESPONSE:
ultramagnus21
Jun 29, 09 11:05 AM CDT
As much as I support the fundamental viewpoint you have about how affirmative action is a contradiction, you really have to work on how cursory your comments are.
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riffran
Jun 29, 09 9:45 AM CDT
So. It seems that affirmative action is still in the picture. In some areas. Especially in the courtyard of brave wise Latinas and liberals. And still just as wrong. Nice climbing overturn record Reply
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+8
IN RESPONSE:
anchower
Jun 29, 09 5:49 PM CDT
You don't like affirmative action? Fine. Give blacks reparations. Then there won't be any need for affirmative action. But you can't give them nothing. Not after the slave labor of their ancestors built this country. Not when that forced, uncompensated labor gave the very framers of the Constitution the luxury of enough time to sit around and draft the thing. In the days after Reconstruction, when colorblindness would've helped blacks, it was nothing doing. Now that colorblindness helps whites, it's the ideal. Give me a break. You absolutely cannot have it both ways.
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