Update, 2:50 pm: Link to full ruling and videos added. Scroll down.
THE U. S. SUPREME COURT HANDED DOWN ITS DECISION this morning on the appeal by New Haven, Connecticut, firefighters who claimed they were unfairly denied promotions because of their race.
The Court’s ruling overturning the lower Appeals Court’s denial was decided on a 5 – 4 vote.
Six years ago, in 2003, the New Haven Fire Dept. held a promotional examination to establish a list of qualified applicants to fill vacancies for Fire Captain and Fire Lieutenant. The final score for the exam was weighted 60% for the written portion of the exam and 40% for the oral interview.
In order to preclude any difficulties arising from racial discrimination accusations, the city hired a “diversity testing firm” for $100,000 to design a race-neutral examination. Yet when the test results were compiled, the top members on the list were all white applicants and one hispanic. The rest of the protected class members were so far down the list that they would not be promoted from it.
The city Civil Service Board was unhappy with the results (they were hoping for a happy racial mix that reflected the population distribution) and arbitrarily threw out the examination results. They claimed that they did that to prevent being sued by minority groups.
The top scorers on the list then filed a reverse-discrimination suit against the city and it has been wending its way through the courts now for five years. In that time, no vacancies have been filled while the open slots have been apportioned to lower-level officers filling them on an “acting” basis, including some members who failed the promotional exam that is contested.
The complainants lost their initial trial and were rebuffed by the Court of Appeals who upheld the city’s actions. On January 9 of this year the Supreme Court agreed to accept the appeal from the New Haven, Connecticut, firefighters in the case known as Ricci v. DeStefano.
Update, 2:50 pm:
Dave Statter at STATter911 has posted the full Supreme Court ruling (in .pdf). You can read the entire 92-page decision HERE.
WTNH-TV Ch. 8, New Haven has this video report on the ruling:
WTNH-TV also has this press confernce held shortly after noon by the firefighters’ lawyer:
Shortly afterwards New Haven Mayor John DeStefano held this news conference:

















































