POSTED: Monday, June 29, 2009 - 10:17am

UPDATED: Wednesday, February 17, 2010 - 2:24pm

Supreme court sides with firefighters in reverse discrimination case...

On Monday in a five to four decision the U.S. Supreme Court decided that the city of new haven, Connecticut denied the rights of white firefighters who passed a promotion exam but were then denied their promotions because the city was concerned that the test was discriminatory.

No black applicants passed the test and statistically, some should have.

But Monday the U.S. Supreme Court said, and this is a quote: " fear of litigation alone cannot justify the city's reliance on race." and in fact, the court said that this decision can now be used in the city's defense if those black applicants who did not pass decide to sue.

Now, the reason this case was watched so closely is because the last decision was made by Judge Sonia Sotomayor who, of course, is the president's pick to join the U.S. Supreme Court.

On Monday, the court over-turned her decision but interestingly, the person she would replace, justice David Souter, lined up with her on this ruling. On Monday, he was a part of the dissent.

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