I think I need lawhawk here. Did the SC decide that the New Haven test results weren’t in conflict with Title VII requirements, whereas Judge Sotomayor and the panel believed there may have been? IIRC, New Haven didn’t promote anyone, and threw out the test because they (via their attorneys) were afraid of a discrimination suit.

Personally, I’m really glad that the SC ruled for the firefighters, but maybe it’s time for Congress to revisit some of the Civil Rights Act provisions?