The Supreme Court ruled Monday that white firefighters in New Haven, Conn., were unfairly denied promotions because of their race, reversing a decision that high court nominee Sonia Sotomayor endorsed as an appeals court judge.
It is instructive to watch how the Supreme Court decision will be reported. Headlines like these should be a clue.
- AP ‘Court rules for white firefighters over promotions‘
- New York Times, Justices Rule for White Firefighters in Bias Case
The storyline will be less about Sotomayer being overruled, less about the fact that the plaintiffs prevailed in getting equal protection under the law, and more about stoking the racial fire and accusations that the court wants to ‘wind back the clock.’
And, more importantly, less about the fact that the court’s solution to the case was only that. A solution of the case. Plaintiffs prevail, end of story. There was no constitutional question regarding racial preferences to be decided.
The constitutionality of racial preferences under the law will come before the Supreme Court some day. And you can bet that a court with Sotomayor and one more ‘sympathetic’ judge would codify government-approved racial discrimination once and for all.