WASHINGTON — Monday’s ruling in the reverse discrimination case of Ricci v. DeStefano was not particularly surprising for the decision itself, which was widely anticipated. As many court-watchers expected, in a 5-4 ruling, the Supreme Court held that, by not relying on a promotional exam on which a group of white firefighters had scored well, the city of New Haven had discriminated against the white men in favor of black and Latino firefighters who had not scored as well on the exams.
Yet conservative groups within hours were putting their own spin on it: A 5-4 decision, they claimed, was really a unanimous ruling by all nine justices against Supreme Court nominee Sonia Sotomayor.
Sotomayor, as one of three judges on the Second Circuit panel that decided the case on appeal, had ruled in favor of the City of New Haven.
“NOT EVEN ONE JUSTICE APPROVED SOTOMAYER IN RICCI CASE,” blared the headline of a statement issued shortly after the decision from Wendy Long, counsel to the Judicial Confirmation Network, a conservative organization that’s strongly opposed Sotomayor.
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