It is not often that the U.S. Court of Appeals for the Second Circuit decides to rehear a case en banc and it is even rarer when the judges disagree so publicly over the decision. On June 12, the circuit split 7-6, narrowly denying rehearing en banc for white firefighters in New Haven who said their right to equal protection and Title VII were violated when the city's civil service board voted to disregard exam results that would leave black and Hispanic firefighters little or no chance for promotion to captain or lieutenant.
Rare debate on en banc review of bias case splits 2d Circuit
New York Law Journal
June 25, 2008
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