Court weighs discrimination against whites

WASHINGTON, April 22 (UPI) -- The U.S. Supreme Court appeared split along ideological lines Wednesday as it heard argument on whether federal law bans discrimination against whites.

Though the case was brought by 20 white firefighters in New Haven, Conn. -- including one white Hispanic -- whose passing scores on a promotion test were thrown out because no blacks passed, any eventual decision by the Supreme Court could decide the long-term fate of affirmative action in the United States.

In argument, Justice Anthony Kennedy appeared sympathetic to the suing firefighters, USA Today reported. Kennedy is often the swing vote on the nine-member court between the four justice liberal bloc and the four justice conservative bloc. From the bench, Kennedy said the city would have to show a compelling reason for throwing out the test results.

The 2003 exam was designed to select 15 candidates for captain and lieutenant. When no blacks and only one Hispanic scored a passing grade, the city decided not to use the results for promotions, saying it did not want exposure to suits from blacks and Hispanics.

Citing the 1964 Civil Rights Act, which bans discrimination on the basis of race or sex, the white candidates filed suit. But a federal judge and a federal appeals court ruled for the city.

Their petition to the Supreme Court said the successful candidates had "expended significant sums, studied intensely and sacrificed mightily to qualify for promotions to captain and lieutenant pursuant to a professionally developed examination process. Their efforts paid off as they passed and, based on their performance, stood immediately to be promoted. Citing petitioners' race, (the city) refused to promote them and left the positions vacant in response to the exams' racially disproportionate results ... "

The Supreme Court should rule in the case before recessing for the summer.

(Ricci vs. DeStefano, No. 07-1428; and Ricci vs. DeStefano 08-328)