WASHINGTON — A closely watched discrimination lawsuit by white firefighters who say they have been unfairly denied promotions is one of three remaining Supreme Court cases awaiting resolution Monday.
The court intends to finish its work for the summer that day, said Chief Justice John Roberts. The court also will say goodbye to Justice David Souter, who has announced he will retire “when the court rises for the summer recess.”
Firefighter discrimination
Sonia Sotomayor, nominated to take Souter’s place, was one of three appeals court judges who ruled that officials in New Haven, Conn., acted properly in throwing out firefighters’ promotions exams because of racially skewed results.
The city says it decided not to use the test scores to determine promotions because it might have been vulnerable to claims the exam had a “disparate impact” on minorities in violation of the Civil Rights Act of 1964. The white firefighters said the decision violated the same law’s prohibition on intentional discrimination.
The opinion that Sotomayor endorsed has been criticized as a cursory look at a tough issue. Among the critics are fellow judges on the 2nd U.S. Circuit Court of Appeals in New York. Her defenders have said the short opinion properly applied earlier cases from that appeals court.
The outcome of the case could alter how employers in the public and private sectors make job-related decisions.
Campaign ads
The court also is considering whether a movie that was critical of Hillary Rodham Clinton during her presidential campaign should be regulated as a campaign ad.
The scathing 90-minute documentary about the former New York senator and current secretary of state was made by a conservative group. It wanted to air television ads in important Democratic primary states and make the movie available to cable subscribers on demand, without complying with federal campaign finance law.
The Federal Election Commission and a lower court in Washington have said the not-for-profit group, Citizens United, must abide by campaign finance restrictions. The high court’s conservative justices appeared especially skeptical of that view when the case was argued in March.
Loans to minorities
Federal courts have so far blocked an investigation begun by New York, which is backed by the other 49 states, of whether minorities were being charged higher interest rates on home mortgage loans by national banks with branches in New York.
President Barack Obama’s proposed overhaul of financial regulation could make the outcome of the case less important. The proposal would create a consumer protection office and states would be empowered to enforce their own laws, with some degree of coordination with the new federal agency.
Cases for next term
In addition to three pending decisions, the court is expected to announce whether it will hear several important cases in its term that begins in October.
•A plea by victims of the Sept. 11, 2001, attacks to reinstate a lawsuit against Saudi Arabia and several Saudi princes over charitable donations that allegedly were funneled to al-Qaeda.
•A request by Chinese Muslims who continue to be held at Guantanamo Bay that the court put teeth into last year’s ruling granting detainees some rights by allowing a judge to order their release into the United States.
•A bid by convicted cop killer Troy Davis of Georgia to get a new court hearing so that he can present evidence suggesting his innocence. Seven of nine key witnesses against Davis have recanted their earlier testimony, but state and federal courts have so far refused to order a new hearing.
