Supreme Court Overrules Sotomayor Decision

June 29, 2009

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The United States Supreme Court over turned an appellate court decision on White Firefighters being denied promotion after passing the promotion test, because Black Firefighters did not score high enough to gain promotion also. Supreme Court nominee Sonia Sotomayor was one of the Appellate Court Judges that ruled the decision to deny these promotions was valid.

Chief Justice John Roberts and Justices Samuel Alito, Antonin Scalia and Clarence Thomas agreed with the opinion written by Justice Anthony Kennedy of, “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.”

Justice Ruth Bader Ginsberg agreed with Judge Sotomayor saying, “[the white firefighters] understandably attract this court’s sympathy. But they had no vested right to promotion. Nor have other persons received promotions in preference to them.”

If passing the cities promotion test doesn’t entitle someone to promotion, what does?

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