In a 5-4 decision, the Supreme Court ruled in favor of the New Haven firefighters.
Justice Ginsburg wrote the dissent, arguing that there was "substantial evidence of multiple flaws in the tests New Haven used."
The problem with this argument is that the City of New Haven refused a technical review of the exam by IOS (the company that designed the test), and moved to strike evidence of test validity when it was originally presented by the Petitioner in district court. The City contended that "[e]vidence of pre-examination planning and test validity is . . . irrelevant because the issue is not whether the tests were valid." [See Petitioner's Reply Brief - Footnote 18]
Even if Ginsburg believes that the test was invalid, this was not the reason why the city vacated the results. City officials vacated the results because of an imbalanced racial outcome, which they feared would lead to lawsuit.
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