Commentary Magazine on SCOTUS make-up: Say a Prayer for Five Justices’ Continued Good Health


The Supreme Court’s ruling this morning on the New Haven firefighters’ lawsuit is a reminder of the vital role a sane majority on the high court plays in protecting the rights of citizens against the dictates of liberal ideology.

The 5-4 ruling, which reverses a decision endorsed by Supreme Court nominee Sonia Sotomayor, validated the complaints of a group of firefighters who took and passed a promotion test but wound up being told that the exam was invalid because no minorities had done well enough on it. Though no one could credibly allege that the test was biased or that any discrimination had actually taken place, the city of New Haven threw out the test (thus rendering the efforts of the firefighters who had passed it worthless) because they feared that they would nonetheless be sued by the affirmative action bar, which views any result other than the one sought for minorities as inherently discriminatory.

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