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High Court Rules for White Firefighters

5-4 decision reverses appeals panel that included Sotomayor

By the Associated Press

Posted Jun 29, 2009 9:31 AM CDT
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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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COMMENTS
Showing 3 of 13 comments
riffran
Jun 29, 2009 5:58 AM CDT
but she's a liberal so the left don't care. Be will hate any opposition no matter how valid it is or isnt
RobN
Jun 29, 2009 4:32 AM CDT
What she meant was no vested constitutional interest. There is no constitutional right to be a fire captain, as opposed, for instance, to there being a constitutional right to free speech or freedom of assembly. It's a legal term of art that doesn't quite mean what we use it for in everyday life.
2-bits
Jun 29, 2009 3:27 AM CDT
How many white men have gotten positions of power simply because they were white men? I'm not necessarily disagreeing with you, but I'm saying that this isn't just restricted to minorities.

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race relations • firefighters • affirmative action • US Supreme Court • Sonia Sotomayor • Ricci v. DeStefano

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