Well, this is a bit awkward. The AP is reporting that the Supreme Court just overturned the Ricci case with a 5-4 ruling with Kennedy writing the decision. This was a very high profile ruling by Judge Sonia Sotomayor, who rejected the white firefighters’ complaint that they were discriminated against when an entire test was thrown out because not enough black firefighters scored highly enough. Judge Sotomayor is visiting with all the members of the senate who will vote to confirm her or not. I’m sure a number of Senators who have been on the fence will have a few questions for her about this case.
You can read Kennedy’s opinion here.