By Mark Memmott
The Supreme Court's last three decisions of this term are due for release just after 10 a.m. ET.
As NPR's Nina Totenberg reported on Morning Edition, many eyes will be on a case one from New Haven, Conn., in which Supreme Court nominee Sonia Sotomayor ruled with other appeals court judges that the city had the right to disregard a promotion test for firefighters on which minority candidates fared poorly:
We'll update this post as the news breaks, so be sure to hit your "refresh" button to see our latest updates.
10:02 a.m. ET: Reuters, SCOTUSBlog and the Associated Press are reporting that the court voted 5-4 to reverse the decision made by Sotomayor and the other appeals courts judges in the case of the New Haven firefighters.
As AP writes:
The Supreme Court has ruled 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.
10:08 a.m. ET: Tom Goldstein at SCOTUSBlog writes that "the Court holds that the city's fear of litigation cannot justify the refusal to apply the test. ... In plain English -- the city can't be sued for throwing out the test results."
10:11 a.m. ET: The court's decision in the New Haven case is now posted here. The vote put the four "conservative" justices in the majority with Justice Anthony Kennedy, a frequent "swing" vote in recent years. The five who voted to reverse the lower court:
Chief Justice John Roberts.
Justice Antonin Scalia.
Justice Clarence Thomas.
Justice Samuel Alito.
The four who dissented:
Justice Ruth Bader Ginsburg.
Justice John Paul Stevens.
Justice David Souter (who retires at the end of today).
Justice Stephen Breyer.
10:20 a.m. ET. Interesting point from Tom Goldstein at SCOTUSBlog: Sotomayor's position on the New Haven case "is the same as Justice Souter's." It is Souter whom she would replace on the bench.
10:23 a.m. ET: Justice Scalia, a conservative, has joined the liberal justices in a 5-4 decision on tthe case Cuomo v. The Clearing House Ass'n. Reuters says the decisions "allows NY attorney general probe" of mortgage banks. The decision is being posted here.
10:31 a.m. ET: SCOTUSBlog says the court is not going to issue a decision in the one remaining case -- Citizens United v. Federal Election Commission. It adds that:
The re-argument in Citizens United means that the case has not been decided. It will be decided next term -- after the justices return from their summer recess.
The issue in that case is "whether federal campaign finance laws apply to a critical film about Senator Hillary Clinton intended to be shown in theaters and on-demand to cable subscribers" SCOTUSWiki writes.
10:40 a.m. ET: Back to the New Haven firefighters case for a moment and the issue of whether it will be a factor in Sotomayor's confirmation hearings. At SCOTUSBlog, Goldstein writes that today's opinion has "almost no discussion of the court of appeals' ruling" -- the decision Sotomayor was part of.
12:30 p.m. ET. On NPR's latest newscast, Marge Baker of the liberal group People for the American Way criticized the ruling. Jay Sekulow of the conservative American Center for Law & Justice praised it:
categories: National News