Part I The petitioners in Ricci v. DeStefano, all firefighters, seek to prevent the city of New Haven from overturning their civil service exam scores because no minority applicants scored high enough to be promoted under the city's civil service laws. Petitioners contend, they are being discriminated against due to their race, for, as the City admits, but for the fact that they are white, the Petitioners would have been promoted. The best argument for the petitioners is the discrimination based on race that is the heart of the matter. Under previous precedents, including Wygant v. Jackson Board of Ed. 476 U.S. 267, 273 (1986) and Regents of Univ. of California v. Bakke 438 U.S. 265 (1978), the Supreme Court has held that, even in an...The end:
.....ps full of divots and uneven terrain, was the same for all sides. It will be hard for a conservative justice to overlook the plain fact of the white firefighters disqualification. In the end, the Supreme Court, like all government bodies, is less interested in political ends and more concerned with perpetuating its existence. The Court, like it does in most cases before it, will resist making broad sweeping pronouncements for or against the practice of affirmative action, or about Constitutional law in general. It will likely choose the safer, less controversial path of splitting the case down the middle, perhaps in a 5-4 decision that discourages, but does not foreclose entirely the kind of racial classification at issue in this case.