**** Obligatory Warning that I am not a lawyer and never know what the hell I am talking about ***
Kennedy delivered the 5-4 majority opinion of the Court in Ricci. Justice Scalia filed a concurring opinion. Justice Alito filed a concurring opinion, in which Justice Scalia and Justice Thomas joined. Justice Ginsburg filed a dissenting opinion, in which Justices Stevens, Souter, and Breyer joined.
I know this is supposed to be one of those racially charged cases, but from where I sit, I never understood why. Pretty clearly to me, the firefighters who took the test and passed got screwed by the city, but at the same time, it seemed to me there was a pretty reasonable argument that the city was just reacting to the way the law had been written and had to do a little CYA. Again, as a non-lawyer, either outcome would have been defensible to me.
I do find it interesting that all the arguments about how unfair this was to the white firefighters were direct appeals to empathy, however.
Should be interesting to see how this impacts the Sotomayor hearings.