SCOTUS Rules for White Firefighters

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In a 5-4 decision that split along ideological lines, with Justice Anthony Kennedy siding with Antonin Scalia, John Roberts, Clarence Thomas and Samuel Alito in the majority, the Supreme Court ruled Monday that a group of white firefighters in New Haven, Conn., were unfairly denied promotions based on their race. The ruling overturns Sonia Sotomayor‘s appellate court decision.

The firefighters who brought the suit, Ricci v. DeStefano, claimed reverse-discrimination when the city threw out results of a promotion exam because no black and only two Hispanic firefighters would have been promoted. 

The city scrapped the test because it feared promoting a disproportionate number of white firefighters would leave them in violation of Title VII of the Civil Rights Act, which prohibits workplace discrimination. Blacks and Hispanics account for nearly 60 percent of New Haven’s population.

New Haven officials claimed they feared a lawsuit from the minority firefighters on those grounds if they let the test results stand, but the court ruled that “fear of litigation cannot justify an employer’s reliance on race to the detriment of individuals who passed the examinations and qualified for promotions.” However, the court held the city cannot be sued for throwing out the test results.

Ruth Bader Ginsburg, reading her dissent form the bench, said the white firefighters had “had no vested right to promotion…The Court today holds that New Haven has not demonstrated ‘a strong basis in evidence’ for its plea. In so holding, the Court pretends that ‘[t]he City rejected the test results solely because the higher scoring candidates were white.'”

Read the entire ruling here (PDF).

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SIX TRUTHS

Reclaiming power from those who abuse it often starts with telling the truth. And in "This Is How Authoritarians Get Defeated," MoJo's Monika Bauerlein unpacks six truths to remember during the homestretch of an election where democracy, truth, and decency are on the line.

Truth #1: The chaos is the point.

Truth #2: Team Reality is bigger than it seems.

Truth #3: Facebook owns this.

Truth #4: When we go to work, we're in the fight.

Truth #5: It's about minority rule.

Truth #6: The only thing that can save us is…us.

Please take a moment to see how all these truths add up, because what happens in the weeks and months ahead will reverberate for at least a generation and we better be prepared.

And if you think journalism like Mother Jones'—that calls it like it is, that will never acquiesce to power, that looks where others don't—can help guide us through this historic, high-stakes moment, and you're able to right now, please help us reach our $350,000 goal by October 31 with a donation today. It's all hands on deck for democracy.

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