http://www.cnn.com/2009/POLITICS/06/...ion/index.html
WASHINGTON (CNN) -- The U.S. Supreme Court sided Monday with white firefighters in a workplace discrimination lawsuit, a divisive case over the role race should play in job advancement.
The Supreme Court in a 5-4 ruling backed firefighters in a reverse discirmination case Monday.
In the split 5-4 vote, a majority of the justices ruled that the city of New Haven, Connecticut, improperly threw out the results of promotional exams that officials said left too few minorities qualified.
One Latino and no African-American firefighters qualified for promotion based on the exam; the city subsequently decided not to certify the results and issued no promotions.
A group of 20 mostly white firefighters sued, claiming reverse discrimination.
High court nominee Judge Sonia Sotomayor heard the case on her federal appeals court last year and sided with the city.
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.
"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," wrote Justice Anthony Kennedy for the majority.
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The case has received added attention because Sotomayor was on the appellate court that dismissed the appeal of one Latino and 19 white firefighters.
Sotomayor was part of a three-judge panel that ruled in February 2008 to uphold a lower court decision supporting New Haven's move to throw out the results.
In June 2008, Sotomayor was part of a 7-6 majority that denied a rehearing of the case by the full court.
Legal analysts said they expect Republicans on the Senate Judiciary Committee will want to ask Sotomayor about her role in that case as well as her comments about ethnicity and the bench.
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