June 29, 2009

Ricci Overturned!

WASHINGTON (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. -- AP

But Jimmy P points out that the betting markets still call her a 95% sure thing for confirmation.

UPDATE: Maybe a quote of the day for Justice Alito's concurrence, joined by Scalia and Thomas (C/O Jonathan Adler):

Petitioners were denied promotions for which they qualified because of the race and ethnicity of the firefighters who achieved the highest scores on the City’s exam. The District Court threw out their case on summary judgment, even though that court all but conceded that a jury could find that the City’s asserted justification was pretextual. The Court of Appeals then summarily affirmed that decision. The dissent grants that petitioners’ situation is “unfortunate” and that they “understandably attract this Court’s sympathy.” Post, at 1, 39. But “sympathy” is not what petitioners have a right to demand. What they have a right to demand is evenhanded enforcement of the law—of Title VII’s prohibition against discrimination based on race. And that is what, until today’s decision, has been denied them.

SCOTUS Posted by John Kranz at June 29, 2009 12:01 PM
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