Court rules for white firefighters over promotions from AP reports that the high profile case in which white fighterfighters were denied promotion due to the fact that not enough of their minority peers scored sufficiently well on a test for promotion was overturned, including a decision by Judge Sotomayor who will in all liklihood, be joining the court.
Racism rejected: Sotomayor reversed in firefighters case from Michelle Malkin
"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.
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