John Christoffersen, Comcast News, December 10, 2009
A group of white firefighters who persuaded the U.S. Supreme Court to sanction their promotions over black colleagues are receiving their new badges Thursday in a ceremony that provides symbolic recognition of their victory.
The high court ruled in June that New Haven officials violated white firefighters’ civil rights when they threw out 2003 test results in which too few minorities did well.
The case became an issue in confirmation hearings for Supreme Court Justice Sonia Sotomayor, who ruled against the white firefighters when she served on a federal appeals court.
Fourteen firefighters who sued are being promoted Thursday to lieutenant and captain. Another 10 firefighters, including four minorities, who took the 2003 tests but were not plaintiffs in the court case also will be promoted.
But Thompson [Dennis Thompson, an attorney for black firefighters who tried unsuccessfully last month to block the promotions of the plaintiffs], who is trying to intervene in federal court in New Haven to challenge the validity of the exams now that they have been certified, said the fight is not over because the black firefighters were not heard. In other cases cities have been required to make more promotions than planned, he said.
That prompted an angry reaction from Karen Torre, attorney for the white firefighters.
“Attorney Thompson’s provocations and promise, to me, only demonstrates the need for the Supreme Court to take up the issue of the constitutionality of that provision of Title VII that allows such people to paralyze local governments and the civil service and hold the public hostage to endless litigation over the issue of race,” Torre said in a statement.
David Rosen, an attorney for a black New Haven firefighter who is suing the city and arguing he was unfairly denied a promotion, said Wednesday that his client, Michael Briscoe, is happy for the firefighters being promoted and has congratulated several of them.