From La Shawn Barber: Supreme Court to Hear Firefighters’ Case. "Last month I mentioned that the fire department in New Haven, Connecticut, threw out test results and canceled promotions because too few black firefighters scored high enough to receive promotions. The department was concerned about promoting too many whites, a clear case of racial discrimination." I would say it's a clear case also, although activist judges and diversifiles tend not to think so.
UPDATE: Plenty more discussion here. "See more on this case by Randy Barnett, pointing to discussions by Ed Whelan here and here describing troubling “Second Circuit Shenanigans,” what a dissent by the respected Clinton appointee Judge José Cabranes suggests was a “judicial effort to bury the firefighters’ claims.” "
