Court Rules for White and Hispanic Firefighters, Reversing Sotomayor Decision

Attorney Karen Torre, center speaks to members of the media on the steps of Federal Court in New...

Attorney Karen Torre, center speaks to members of the media on the steps of Federal Court in New Haven, Conn. with Frank Ricci, front right, the lead plaintiff in the "New Haven 20" firefighter reverse discrimination case, Monday June 29, 2009. The Supreme Court ruled in a 5-4 decision that white firefighters in New Haven, Conn., were unfairly denied promotions because of their race, reversing a decision that high court nominee Sonia Sotomayor endorsed as an appeals court judge.

(Jessica Hill/AP Photo)

Civil Rights, Reverse Discrimination and Test Scores

New Haven officials and some of the city's black firefighters argued that and less discriminatory alternatives -- such as oral exams -- should be used rather than written tests. "Written tests aren't the best to judge a person on how they will perform their jobs," said Gary Tinney, a black firefighter in New Haven.

But whites and Hispanics like Vargas fought back. Opponents have used civil rights laws to argue reverse discrimination. And they have found some success: The city of Chicago recently settled a major case with white firefighters for $7.5 million.

Vargas said civil rights laws should be used to protect his potential promotion. "The civil rights laws, they have nothing in there which state preferential treatment. The civil rights laws are there for everybody; all American citizens have the same exact rights."

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Court Term Wraps Up

On the court's final day before summer recess, it did not rule in the case involving the critical movie of Hillary Clinton. In a highly unusual move, the Court will return to the bench three weeks early, on Sept. 9, to hear arguments on whether the campaign finance laws are unconstitutional. This announcement tees up a major first amendment dispute over campaign finance and means Sotomayor will need to be on the bench by then if she will hear it. In other words, expect those hearings to start in July, as scheduled.

Finally, Chief Justice Roberts read a brief letter to Souter from the bench on his last day, and Souter responded with a moving farewell, saying he how he'd enjoyed the privilege of serving 19 terms with his colleagues, and would miss them-- but will carry with him their friendship to New Hampshire.

The Associated Press contributed to this report.