Free Markets, Free People
Sotomayor Overturned? (Update)
From Twitter a minute ago:
NYT NEWS ALERT: Supreme Court Rules for White Firefighters in Affirmative Action Case
This could give new legs to the opposition of Sotomayor’s nomination.
Again, developing …
UPDATE: The Washington Post confirms.
New Haven was wrong to scrap a promotion exam because no African-Americans and only two Hispanic firefighters were likely to be made lieutenants or captains based on the results, the court said Monday in a 5-4 decision. The city said that it had acted to avoid a lawsuit from minorities.
The ruling could alter employment practices nationwide, potentially limiting the circumstances in which employers can be held liable for decisions when there is no evidence of intentional discrimination against minorities.
I’d say that’s a fairly significant ruling and certainly the opposite of what Sotomayor held. Of course, if Sotomayor was on the court right now (and hadn’t had to recuse herself for hearing the case in a lower court) she wouldn’t have made any difference since David Souter, the justice she’s slated to replace, voted in the minority.