Sotomayor court reversed in key race case

WASHINGTON, June 29 (UPI) -- The U.S. Supreme Court reversed a lower-court ruling Monday in a key civil rights case in which high court nominee Sonia Sotomayor sat on the lower court.

The high court voted 5-4 along its ideological divide that federal civil rights law can be used to ban discrimination against whites. 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 had scores high enough to be promoted.

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.

The white firefighters filed suit, citing the 1964 Civil Rights Act, which bans discrimination on the basis of race or sex. A federal judge and a federal appeals court ruled for the city. The U.S. Supreme Court said fear of litigation was not enough for the city to throw out the results of the test.

Sotomayor twice ruled for New Haven and against the white firefighters as a member of the 2nd U.S. Circuit Court of Appeals. Conservative critics of her nomination say they have been reviewing her role in the case as she approaches the nomination process in the U.S. Senate.

White House Press Secretary Robert Gibbs told reporters Monday he didn't think the ruling would have a negative affect on Sotomayor's chances of winning Senate confirmation.

"I don't foresee that this would represent anything that would prevent her from a seat on the Supreme Court," he said.

Gibbs said the Supreme Court's decision to hear an important First Amendment case Sept. 9 "underscores the importance of ensuring that we get a new Supreme Court nominee there in order to become -- in order to be an active participant in that case, rather than potentially have something that's a 4-to-4 decision."

He said Monday's ruling overturning the lower court shows Sotomayor "follows judicial precedent and that she doesn't legislate from the bench."

"It is a little interesting to watch today the people that criticize her -- in essence, I think you've seen a new interpretation of a piece of legislation by a court, and her critics are criticizing her ruling based on judicial precedent and in support of something where a court has interpreted in a new way the law," Gibbs said. "It's interesting to watch the gymnastics."

(Ricci et al vs. DeStefano et al 07-1428)