CNN

A 5-4 ruling? Then the deciding vote was cast by the Chief Justice.

@Bleeding Heart

I appreciate your comments, but the liberals use the exact arguments you've made to bash Conservatives and Republicans as insensative, uncaring, racists, haters etc.

It would be nice to know how the exams are "worded" so we could make up our minds if the exams were fair to all. You would think that there is a minimum requirement before anyone qualifies to even take the promotional exams.

Oh yes... cause us white folks have it so bad....hahaha

Listen Im white and this was not discrimination. It was a city following its rules and trying not to get sued.

Regardless whether affirmative action laws & procedures are right or wrong, Republicans need to stop pretending and promoting that us whites have it so bad. We have more oppurtunity and make more money than anyone else in this country.

Tests skewed due to race? What color is fire? What color is a firetruck?

Sorry, but I want the best qualified protecting my hide whether they are white, green, yellow or black!

well, if they were all black firefighters who were scoring the highest and not given their rights, then there would have been no question that it was discrimination!

@IndyVoter June 29th, 2009 11:35 am ET

Your logic is flawed, this was not a history test. It was about fire fighting! How many ways are there to fight fires? Earlier I said there is not a black, brown, white, yellow or red way! In addition a Latino DID pass the test! Last time I checked, Latinos were consider to be a minorityy!

Im a black male and agree with this ruling...promotions need to be given out on merit, not skin color...I have no problem with this ruling...at all. Hopefully the ones who didnt pass will do better next time...

Good but do not like the way the liberal media is spinning this as White fire fighters. If you study you'll pass.

The test was definitely biased, it was written in English.

The people who are using this case as proof of Sotomayor's racism are obviously just being fed by talk radio. Anyone actually reading the case would see that Sotomayor and the Court decided the case appropriatly for their level. The city couldn't use the test results without violating Federal laws of discrimination. Sotomayor and the court agreed with the city. That's all. No racist commentary or horrific misusage of justice. So the proper process of these types of cases went forward with an appeal to the highest court of the land, where a declaration about the Federal laws of discrimination can actually be examined against the constitution. No matter if you think what the city did was wrong or not, Sotomayor and her court did the right thing. It was not in that court's power to allow the city to flaunt Federal discrimination laws.

The problem that people fail to realize is that unless a test is for math, reading, grammar, or reading is is subjective. The test would be written from the author's prespective. It is very likely that you can exclude large groups of people from successfuly passing if they don't share the same types of common knowledge or experiences.

I think the city made this about race. The test was probably bias, they knee jerked and created this mess. They should have just used the portions of the test that were not subjective (math, vocabulary, and reading) to widdle down the qualified applicants. Then held promotion boards with the chiefs and lieutenants from different parts of the city to come up with board questions (situational, mechanical, etc.). Then have those board members score the applicants and combined the scores from the written test and the boards to pick the top applicants, then promote them.

So instead of doing something, they stalled everything. It wasn't discrimination that caused this fiasco it was poor planning and laziness.

@ominican mama 4 Obama June 29th, 2009 10:32 am ET

Interesting question: Do three decades of affirmative action make up for hundreds of years of exclusion. Hmmm.
And please, save all the crapola about hard work, etc. When the decision makers are White which way do you think the scale is going to tip more often than not?

======================================================

I'm so sad to say, you are a racist.

I should also add for anybody saying, "The fact that Sotomayor was overruled on this is evidence she shoudln't be on the court."

This was a 5-4 ruling overruling her. If she had been on the court, it STILL would have been a 5-4 ruling overruling her... so it's not clear to me how this proves anything. The outcome fo this case at the SC would have been the same even if she replaced Souter.

What a lot of people here don't understand (actually what most people here don't appear to understand) is that the change the city made brought it in line with other cities in the state. In other words there are other cities in Connecticut that weight the test less or don't use it at all... in putting so much weight in the test (in New Haven it's basically all that matters) New Haven was the exception – not the rule.

That said - what they did was still wrong. After people took the test, it was wrong of them to change the rules based on the outcome. Going forward, the test will be weighted less so if these same applicants went through the process again, the outcome would be different... but ti was clearly wrong of the city to change the process midstream.

@ Sniffit

You are so smart and educated. Please allow us to hear more of your "wisdom".

Have you ever considered running for public office. You seem to know so much I am sure you will be quite sucessful at it.

@ dominican mama 4 Obama June 29th, 2009 10:21 am ET

At least the White firefighters had legal recourse. When we got screwed… we stayed screwed.
======================================================

HOW???

@IndyVoter June 29th, 2009 11:27 am ET

So, then, if states, cities, municipalities, etc…allow exams that are designed to exclude certain parts of the population, what is the recourse against that?
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Fire fighting is a science, there's no black way to fight a fire, there's no white, yellow, red or brown way either! To answer your question, the recourse for exams that exclude certain portions of the population (minorities, if you are being honest) is:
1. Lawfully (not emotionally) prove it!
2. Once proven, sue!

@Dan Holiday–Contrary to your assertions (as well as the radio blowhards, their listeners, and other rigfht-wing broad-brushers like you, most liberals have a sense of basic fairness, just as most conservatives have a basic sense of live and let live.

I am living proof that you can be a liberal and believe that : 1) The discimination that has been going on against blacks in this country for over 300 years is wrong. 2) Racial discrimination is always wrong, regardless of the race of the instigator and the victim. 3) This nation should do everything possible to eliminate all forms of discrimination and provide redress to those who are victimized by it. 4) Two wrongs never make a right.

From what I read about the case, this was the appropriate decision. Jobs should be based on merit, job qualifications, performance, etc. Race shouldn't be an issue when hiring. The best candidates no matter whether they are black, white, hispanic, asian, arabic, etc., should be hired.

Too bad our new Supreme Court Justice, who I feel should not be appointed, does not agree

This is the only fair decision they could have reached. To throw out this exam and deny these men their promotions because no blacks made the grade was just WRONG. May this supreme court decision be the beginning of the end of political correctness in this country. It has gotten way out of hand!

Sotomayor shot down again !! Is this liberal lardhead EVER right ?!!

@IndyVoter:

Tests such as these are designed NOT to exclude. Federal anti-discrimination rules make sure of that. There are testing companies that design exams with the specific purpose of eliminating any vestiges of "bias."

The non-Whites that failed this test, in addition to the Whites that failed, simply did not qualify. I know that's hard for you to accept, but that's the way it is.

Now go and knock yourself out making creative excuses.

THIS is why we have a Supreme Court. If the test was racially biased, i.e. questions about the Brady Bunch, Friends, or Jeff Foxworthy then I could see throwing the results out. The questions were about firefighting procedures and leadership which is not biased. Bravo Supreme Court....Bravo.

Sotomayor has once again be rebuffed on appeal This time the Supreme Court has told her loud and clear that she is racist and her decsion was WRONG wrong and WRONG

We do not need a racist on the high court whose concept of equal justice for all is biased and perverted

About time reverse discrimination got some air time, this stuff has been going on for years and the media never covers it, but let some supposed discrimination happen and Al and the media are all over it.Case in point the Jena six, letting criminals off light because of their skin color. The civil war was fought 144 years ago, get over it.This also shows how wrong sotomayer is for the supreme court.

@IndyVoter–If the test was rigged by racists I would agree with you. But just because the blacks who took this test failed, that doesn't means it was rigged. If there was any suspicion of that, the citizens of New Haven should bemand a full accounting of how the test was developed, and who developed it. Such "sunshine" would have a very high likelihood of exposing the bias you seem to assume the test had.

Indyvoter,

Nice attempt at a straw man arguement....."Whaaa, whaaa, are white people gonna be allowed to make racist tests? Whaa, whaaa"

YOu realized it was the white voter that just elected a black predsident. But your a "victimhood" liberal, so i don't expect you to get your head out of the sand anytime too soon.

To all the non-minority: Understand that I could create an exam right now that likely none of you could pass without outside assistance. Why? Because there are some things that I as a minority have that understanding or and/or access to that you likely don't. Is that 100% true? No. Of course not. But I would say a high enough percentage. Now imagine if my test was administered to everyone in order to get a promotion or some other benefit, and no non-minority people passed it. Wouldn't you think that perhaps there might be some funny business going on with the test?

I'm just saying. Put the shoe on the other foot and imagine how you would approach the situation if it were you.

Affirmative Action is the most racist concept ever. Basically, it says that because you are a minority you are not smart or talented enough to achieve things on your own. If I were a minority, I would be insulted. It is funny how Liberals vilify Republicans as being anti-minority when in fact it is they who are extremely racist. They perpetuate the programs and policies that keep minorities dependent to the government. They promote the programs and policies that keep minorities down. When are people going to wake up and realize this? Look at the dissenters on the Supreme Court. They are all liberals. They are the ones who think that the blacks needed the extra help to be qualified. Wow.

@Lynn June 29th, 2009 10:56 am ET
Disappointing?…Yes Surprising?…No
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Why is this disappointing. This the way it should be. The highest scores, get promoted. Color is not nor should it be a factor! If these were doctors, exactly who would yo want to have operating on you?

@ IndyVoter, who asked "So, then, if states, cities, municipalities, etc…allow exams that are designed to exclude certain parts of the population, what is the recourse against that?"

Same thing...lawsuit. If you read between the lines here, Kennedy is saying that there wasn't enough evidence that THIS PARTICULAR test was inherenlty biased to support the decision to nix the results ("fear of litigation ALONE..."). They kinda botched the defense if you ask me. It is easy to imagine a scenario where throwing out the test results would be upheld, however, so people should keep in mind that this is entirely case specific.

Guys, let's shout 'study hard' and 'lazy liberals' when your buddy or family member doesn't give you the exam to study from, ALLREADY! You can deny it all dayt long, but formers have already admitted what minorities have charged against them for years. It's so common-placed that they don't think it's wrong until it happens to them. Now everybody wants to sing cumbaya!

"I'm Obama backer, but he flubbed this nomination."

God almighty in heaven when will this line of crap stop? "I supported Hillary, but now I'm voting for McCain"...such a line of vomit.

For those who understand the law, this is no big deal. 17 years with something like 6 or 7 SCOTUS reversals or remands? About average for any judge.

Problem is, the vast majority of people don't understand the law or the judicial system and are far more willing to put aside bothering to understand in order to try to take advantage of soundbite-style analysis to further a political agenda. The GOPers in office know this, so we'll be hearing plenty by, let's say 2pm today, about how horribly chagrined they are over Obama's pick boo hoo boobity hoo.

She's going to be appointed guys...no filibuster, no nothing. Suck it up and grab a box of tissues if you need it...let it all out...you'll feel better after.

Why are people blaming black folk at all in this is beyond me. Did any of the black firefighters complain? Some actually sided with the white fire fighters.

The fact that this went 5-4 says something as well. I agree that the irefighters should've been promoted and that the city handled the situation wrong.

Ouch.... doesn't make Sondermeyer look too good....

If everyone in the fire department had the same amount of time to study for the promotion exam, the same access to the material they needed to know for the exam, and the exam administered the same for all trying for promotion the promotions should have stood. Just because some do better than others should not mean they lose the promotion they earned. The city should not be worried what only one part of the city will think of the results. I bet all promotions would have stood if it had been all minorities promoted and no one white was promoted. The city would not have care about any backlash. I'm glad the court is looking at everyone's civil rights and what they earn through effort and not just their race.

As a Latina, I want Sotomayor to become a Supreme Court justice. However, I do think that she was wrong in the firefighter ruling. These people needed to get promoted.

Equality for all.

No surprise that the five conservative Supreme Court justices voted against minorities in the firefighter case, opening the door to job discrimination through test design.

As part of my training in test design, the instructor gave the class a "test" that most African-Americans could pass but that most Caucasians could not. The difficulty in producing a "culture-free" exam was emphasized.

Most people are aware that test-taking ability does not necessarily equate to on-the-job performance. Job promotions should be based upon job performance, not a test grade.

What ever happened to good old fashion hardwork for advancement, rather than skin color, being lazy and filling a quota.

So, then, if states, cities, municipalities, etc...allow exams that are designed to exclude certain parts of the population, what is the recourse against that? I imagine it would be very difficult to 'prove' that the test was deliberately designed to exclude. So are you all saying that it is just OK to let that kind of thing happen? Tests designed to exclude have been a part of this country's history since before minorities were given the right to vote and even after. Where does it end? Where is the accountability? Or are the racists just going to be allowed to get away with it?

@ chuck, who said "You simply read this case and apply common sense"

Ummm no...you read the case and apply the LAW.

Point being: the LAW and common sense do not always have as much to do with one another as one might hope.

As a Black male, this is a good decision . What the liberals on the Court are doing will set Black people back. We should strive as a country for equality of opportunity, which they had to take the test, not outcome. People should be judged on their merits. As long as the test was not prima facie discriminatory then the results should stand, regardless of how many minorities passed or did not pass the test.

If your kids were in a burning building who do you want saving them people promoted to meet a quota or people promoted by their achievements.

As a Black male, this is disappointing. In the end it is setting Black people back. We should strive as a country for equality of opportunity, which they had to take the test, not outcome. People should be judged on their merits. As long as the test was not prima facie discriminatory then the results should stand, regardless of how many minorities passed or did not pass the test.

Wow, the SCOTUS actually stood up against reverse discrimination.

I think this case was a no-brainer for the Supreme Court. Tthe firefighters took the test, passed, and then the City of New Haven changed the rules after the fact. What a farce. Of course it was reverse discrimination. And, not all minorities failed the test so the test itself wasn't at fault.

From what I read about the case, this was the appropriate decision. Jobs should be based on merit, job qualifications, performance, etc. Race shouldn't be an issue when hiring. The best candidates no matter whether they are black, white, hispanic, asian, arabic, etc., should be hired.

Too bad our new Supreme Court Justice, who I feel should not be appointed, does not agree.

Notch it up to a WIN for minorities that want to be treated equal.. No free lunch just a level playing field

One note on this case ... one of the white firefighters is dyslexic. He paid, out of his own pocket, for a tutor to help him study for the test. He scored one of the HIGHEST scores on the test.

To those who believe that the lower court ruling should stand ... How can you justify your opinion? This man, this firefighter with a provable learning disability took it upon himself to do what was needed to study and pass this test ... and he DID it!

If HE could find a way to pass this test ... why didn't everyone else who DIDN'T have a learning disability??

Not judging ... just asking.

Yeah for white firefighters everywhere, the only job in the country that has a pre-requisite of having a family "tradition" as the ONLY qualification.

The good guys win. Discrimination is wrong, no matter who it is. The only way we are going to get rid of discrimination is to judge people on their qualifications, not on their gender,race or religion.

I find it interesting that in your reporting of the Supreme Court's ruling in favor of the firefighters there was not one mention that Sonia Sottomayor was the appeal judge who was just overturned by the Supreme Court....keep up the good work for the state media. Shame on you for not reporting the unbiased story.

It is time that circumstances be judged on more than race, so I appreciate this ruling. It would be wise for our society to look more closely at why a certain demographic may have failed and where we as a community are falling short in our expectation of personal responsibility and education rather than alter the requirements for job satisfaction. As a woman, I loathed the concept that standards would be lowered for me in the case of firefighting (such as the weight of victims)-instead, help me to meet the requirements so that I can become the best firefighter. you get the idea...

Fact is that no one should get a position because of their race nor denied one for the same reasons. Qualifications, experience, test results should be the same for all. Enough.

Sotomayor's been shot down and this will give further cover to a fillibuster as it should. I'm Obama backer, but he flubbed this nomination.

No one should have to face discrimination on or off the job. But I'm glad the these guys got a taste of what minorities have been experiencing since the Mayflower. It doesn't set well with your soul when you know you're qualified and the employers know, yet they pass you over due to race. I know whites will fight like hell, but it's harvest time. Sins of the father's will have there children's teeth set on edge while the cowards slumber in their graves. I hope, however, we can get pass these grueling lessons soon. End discrimination today and watch our country flourish tomorrow.

"The Supreme Court was being asked to decide whether there was a continued need for special treatment for minorities, or whether enough progress has been made to make existing laws obsolete, especially in a political atmosphere where an African-American occupies the White House."

As an attorney and constitutional scholar, I would love to hear the support the author had for that statement. I thought the case was about something a lot more specific.

June 29th, 2009 10:59 am ET

Sotomayor has been reversed….again!
How can this person be given serious consideration as a justice on the Supreme Court of the United States of America?
-------------------------–
The supreme court reverses a good majority of cases it hears- she has plenty of cases they did not think needed to be reheard. Also, it was a split decision- 4 judges sided with her.

"Fear of litigation" would be reason to fire any member of any union ( or any other action on any member in society) based on the lower courts' decision reasonings. These "learned" justices need to get an education in common sense and morality. ("They are so smart, they are stupid." "What goes for the goose, goes for the gander.") Sotomayor has voted for discrimination of a selection of people. The Supreme Court denied the lower courts' non-logic for blatant racism and perverse justice.

Tough case – changing the test is not "lowering the bar". I think I agree with the ruling- but we need to make sure that we are doing our best not to set up situations where discrimination is implicit.

Good news to this liberal's ears!

I am living proof that you can be a liberal and believe that : 1) The discimination that has been going on against blacks in this country for over 300 years is wrong. 2) Racial discrimination is always wrong, regardless of the race of the instigator and the victim. 3) This nation should do everything possible to eliminate all forms of discrimination and provide redress to those who are victimized by it. 4) Two wrongs never make a right.

Note to the radio blowhards, their listeners, and other broad-brushers on the right: Contrary to your assertions, most liberals have a sense of basic fairness, just as most conservatives have a basic sense of live and let live.

Clearly the Department handle the entire affair wrongly; this veredict appears to allow a segmentation of classes. perhaps all too common in our society; I believe that the firefighters in questions did deserve the promotion; I also don't disagree with a review of the standards to ensure that the expectations are not out of reach of minorities. I hope something positive comes out of this, however I fear that the GOP will use this againts Dems for all its worth... welcome to politics I guess.

While I don't know enough about the case to say one way or the other, I do think the firefighters should have been hired. Then the test should have been reviewed and or changed, to make sure everything was above board. Why does everything have to be so complicated?

I also don't like the implication that "whites" studied for the test, and blacks did not. Nothing is ever...excuse the pun....that black and white.

We have a black President now so it proves that racism does not exist anymore in America.
There is no need to fight the racist people out here in America. It is best to just let them die out. This new and seemingly boundless information age will help the younger generations come closer together and achieve greater things together than we ever could of imagined. It is easy to overcome racism. Just start with the God in you. Whenever you feel racist or you are having a racist moment just concentrate on the love inside of you instead of the fear that is the root of the racist emotions and behavior you have. Just be better and you are better.
The saddest part of this is that there are masses of people being effected by racist decision makers throughout our society.

The split decision is proof enough that Sodermeyer's ruling was in the mainstream. This should not reflect badly on her at all.

This was a no brainer but with libs you never can tell.

Just promote those qualified individual fire fighters who have shown the knowledge, training and expertise for the job regardless of race. I'm sure there were whites and Hispanics who also failed the test. It was unfortunate that no Blacks passed the exam but there would be other tests for promotions, just hit the books and study hard! Lowering the bar just to accommodate a particular race to pass a test is doing a disservice to those fellow fire fighters and that city citizens.

I believe this was a just ruling.

The SCOTUS majority is creepy, and out of touch with reality!

I am a liberal, but this is really a common sense case. You simply read this case and apply common sense. Sotomayer sided with the city because they were afraid of being sued by the African Americans who could not pass the test. The city never feared that the opposite would happen, but it did. I am a liberal and completely concerned about this new justice being presented to Congress. This ruling is a big hole in her ship. Didn't Obama know that this case was in the pipelines and could really hurt his nominee if the Supreme Court likely swung the other way? I guess he was silly enough to think that the Supreme Court would side with Sotomayer. Sotomayer basically said that she was in favor of dumbing down America. This reminds me of the high schools that don't give zeros to students. The lowest possible score that they can get is a 50, even if they do not turn in their school work.

About time hard work get rewarded. Maybe we can teach a whole generation that not working and waiting for the goverment to take care of you because of your skin color is wrong. Hard work and being lazy has nothing to do with skin color. I am so happy for the men who worked hard and glad the lazy guys did not get jack and get what they deserve.

Sotomayor has been reversed….again!
How can this person be given serious consideration as a justice on the Supreme Court of the United States of America?

I wonder if the Sotomayor would have sided with the city if all of the firefighters would have been hispanic women....

Because they scored higher on the test, a test that was given equally to all, and coincidentally all the highest scores belonged to whites and one hispanic...somehow it's not fair?

This is racism, and on it's merit, should disqualify Sotomayor...had this been a white judge, making judgement against hispanic firefighters, there'd have been riots in the streets, and bleeding heart liberals crying on the news..

Liberals want "equality," too bad they don't understand the meaning of the word.

Disappointing?...Yes
Surprising?...No

Too bad this decision didn't happen back in the early 1990s, when the Federal Courts threw out a Suffolk County NY police exam after blacks challenged it because there weren't enough blacks who scored high on it to get picked for Suffolk County Police...one of the highest paying police forces in the country. My white partner scored in the 90s out 100 on that exam...the new test, that was supposed to right the wrong of the last exam earned him and most white males with a college education, scores in the 70s! Why? Because you got more points if you were a minority, and less points if you had higher education degree on the background section of the exam. Total bs! This liberal democrat applauds this Decision from the Supreme Court! Unfortunately, it was too late for many.

I think it is about time that civil rights be applied to all colors, including white. Why on earth would anyone want to place a person in a position that someone else qualifies better for? I think we have finally hit the tipping point in America for color to be a moot topic. What ever will Jesse and Al do for a living now? By the way, did the Jenna six get charged and tried under hate crime laws?

Boy I sure can't wait for her to get on the US Supreme Court. She makes such great decisions and doesn't seem to be biased at all!

justice was done! the men with the highest score should get the promotion. should have nothing to do with color of skin. if the firefighters were all black or all white ,the men with the highest scores would have gotten the promotion as it should be.

New racism is no better than old racism.

People discriminated against in the past do not deserve any special treatment or 'adjusted' consideration of their merits going forward – they deserve to have discrimination against them end, that is all. New forms of discrimination cannot and will not alleviate discrimination retroactively or proactively.

Makes you wonder if the results had favored minorities, and the white people had asked for it to be thrown out....if the SC would have ruled this way. I don't believe we've made enough progress that race isnt a factor...let alone in SC rulings.

Though, it does boggle my mind how tests can truly be biased towards one race over another, given that we should all be getting the same education...and the fact that some may not be soaking that eduaction in, doesnt exactly suggest that we ought to make the test easier...or if language is an issue, why arent we encouraging them to get better at english rather than aiding them in being uneducated?

I've met my fair share of people who speak way too much slang that they have no ability anymore to understand what proper english is...I can't fathom making tests EASIER for these people...why is it MY fault they are too stupid to know the difference between Sea and See?

[...] the U.S. Supreme Court overturned the liberal court, on a predictable 5-4 ruling, with the four liberal justices naturally and reflexively siding with [...]

So what did the other four judges say?

Regardless, Sonia's path to the Supreme Court just got steeper.

Ah!!!!!! A wise Latino woman!!!!

Its interesting that the Republicans want a Supreme Court that is above politics and doesn't "legislate from the bench". Yet, the Republican-packed court specifically chose to take up this matter with timing to target an Obama nominee who poses a threat to conservatives' choke hold on the court's majority. So much for conservatives being above politics, eh?

Good...now let's get rid of Affirmative Action and REALLY rid the country of all it's racist policies.

Justice has been served..why would someone seek advancement through the written exam process,score a higher grade than the competition,then be denied promotion based on the color of his skin??...this has been the practice of many civil service boards for too long..why advance an under-qualified person??..this endangers the lives of citizens..this goes to prove that the presidents nominee for the supreme court is under-qualified and her name should be withdrawn..it proves that her decisions are based on the color of a persons skin

For the record, it was White and Hispanic firefighters who won. Now maybe we can take a look at all of the other racist "affirmative action" programs out there and rid our country of systemic racial discrimination once and for all.

This is why we need more white men on the SCOTUS. The whites in this country are just not protected any more.

WHOO HOOO!!

What's Barry going to do now? Finally some justice from the far left politically correct US court system that does whatever it can to punish whites for their hard work and career success.

This sends a message that just because someone is black or Latino doesn't mean they can blame whites anymore for scoring poor on a test or being denied a promotion. The whole idea that " its the white man's fault " is getting old and this ruling is proof.

"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"
However a test designed to be more favarable to a certain class, gender or race of people is also counterproductive in reducing the inequality gap between white and minorities in certain professions.
I think in rendering their the decison should have aknowledge the simple basis that a test alone should not be a basis of recruiting or advancement of an employee, and that recruiting should take in account the the need for a more diverse workforce at all level of decison
The SCOTUS by rejecting the the decision of the lower court failed to understand a basic principle equal employment access

Great ruling. About time they get it right. My parents were both passed over for promotion in their local police departments because they were white. They both passed the promotion tests and scored high enough to get promoted, only to see someone who scored way below them get the new job. However, they didn't sue, just sucked it up and went about their job. I'm proud that the firefighters stood up for their rights and that the Supreme Court ruled in their favor. I'd be interested to hear what Judge Sotomayor thought during the case, especially since they only released a 1 paragraph ruling.

I don't care if the person is black, white, hispanic or asian (or anything else I missed). I don't care.

Being a firefighter involves saving people's lives. I want the most qualified people on the job. If the most qualified candidates are being passed over because of race, then the potential exists tat people's lives are being put in danger.

When people's lives are directly on the line, the most qualified candidate should always win out.

So since Sotomayor was overruled on this case, does this put a dent in her claim that by virtue of her race and gender, she would make better decisions than non-white male judges?

Firehouses and firefighters have and always will be racist.

Minorities have to jump through hoops and cower on their knees to get a firefighting job.

Then you have to listen to country music and racist humor (directed at minorities only of course) all day long.

Excellent, excellent. I'm not surprised that this was a close one, though.

BTW, it's not "reverse discrimination," just discrimination.

The Federal rules that made this litigation necessary need to be ended. If you don't qualify, you don't get the job. Over and out.

Maybe Ms. Sotomayor used a little too much of her upbringing in deciding incorrectly against the firefighters?

I wonder what the effects of this ruling will be on Judge Sotomayor's confirmation.

I agree with this decision. Should people that can read the top ten lines on an eye chart have their results invalidated if a blind man fails the test?

OKAY – I am a HEAVY Demo and I do agree that this was discrimination against white firefighters!!! I am also an African American and truly believe that if we WANT something BAD ENOUGH – we "should" and "will" FIGHT to achieve that goal – even if it meant STUDYING and taking extra steps and efforts to pass the test. I have not heard ONE firefighter who failed the test coming forward indicating it was discrimination – HOWEVER, I did hear from the one WHITE firefighter who did come forward and explained what he went through in order to PASS the test – and it was not "partying"!!! He struggled to ACHIEVE and that should not be taken away from him.

Let's move on and NOT make this a reason why Sotomayor "should not" be a Supreme Court judge – then I would say it is "hidden" racism!!!

Americans only come in one color.

RED, WHITE and BLUE!

"The Supreme Court was being asked to decide whether there was a continued need for special treatment for minorities, or whether enough progress has been made to make existing laws obsolete"

Interesting question: Do three decades of affirmative action make up for hundreds of years of exclusion. Hmmm.
And please, save all the crapola about hard work, etc. When the decision makers are White which way do you think the scale is going to tip more often than not?

Why is it "reverse discrimination"? Discrimination isn't just a minorities thing, white people can be discriminated against as well. The addition of "reverse" to the term is unnecessary.

Wow! Great news for logically thinking people! The original ruling on this case really was a bad decision and proves Sotomayor lacks the good judgment required of a justice. She should not be allowed on our country's highest bench regardless of what advocates for minority's rights (over other minority's rights) may say or illogically think.

Maybe its time to rethink if Sonia Sotomayor is qualified to have a lifetime appointment to the Supreme Court.

The race-baiting nominee for the same SCOTUS that just overturned her bigoted decision should be too humiliated to continue with her nomination.

Well, four justices agreed with Sotomayor – this will not sidetrack her nomination. But it does speak to her qualifications.

Still, this was textbook reverse discrimination unless something was inherently racial about the construction or makeup of the test.

Bottom line – a liberal will replace a liberal on the SC. Winning elections has consequences.

As someone who came from a Northern State to a southern. I was shocked to see how racist people are against white people. The things they allow to be said on the self proclaimed black radio stations in regard to white people are horrible. Racism from any group is a horrible thing. It does not matter that things were a certain way for x amount of years... So “now the tables are turned...”

That is a worse attitude than the original racism, if you know how it feels then why do it? It takes all of us to make things better, we need to let go of the grudges and the hard feelings. We as a people have such ability to love, however far far far too many people choose hate. We need to love one another, with NO regard for race, age, sex, sexual orientation…etc

Our Lord called upon us to hate the sin but love the sinner, we need to stop hating the sinners. We NEED to, for the sake of all of us!

Good decision!

Sotomayer wrong? Voting on the wrong side? Obama appoints her to the Supreme Court so she can continue to screw over the non-minorities? We need to fast track this confirmation according to the dope smokers.

EXCELLENT!!!!!!!!!!!!!!!!!!!!! It's a great day for those firefighters!

Two groups took a test(s) for jobs and or promotions. Whites and minorities.

White firefighters scored higher. They were passed over.
Minorities scored lower. They were given jobs and promotions.

Would it only be called discrimination if it were the other way around?

So the Supreme Court has pretty much said that Judge Sonia Sotomayor was wrong. That will make her confirmation hearings a little more interesting.

Bravo! For the time being, at least the Supreme Court is still sane.

da... ya... the most qualifed deserves the job.... gee what a consept ..

At least the White firefighters had legal recourse. When we got screwed... we stayed screwed.

your inexperience is really starting to surface Obama!!

LOL

If reverse discrimination can exist then women can discriminate against men and the poor can discriminate against the rich in the work place.

Nice going Supreme Court! Isn't this judicial activism on the part of the conservative justices on the bench?

Justice!

Kennedy....always, Kennedy.

What a surprise! Anyone could have called that this would be a 5-4 ruiling. So 4 justices agreed with her and when she gets on the court, 4 justices will continue to agree with her (including her). I'm sure the rethuglicans will have a field day with this.

They should post the test online so we can all judge whether it is biased.

HA what a win for the minorities in this country that just want to be treated equal!!

"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," said Justice Kennedy.

Well said, Justice Kennedy. Discrimination is discrimination.

This was a decision split on ideological grounds. It won't make too much of a dent in the overall nominations. Surely, no one expected a conservative (code word racist) judge to decide against them, now did they?

Take that Sotomayor.