In a 5-4 decision, SCOTUS has reversed the Ricci case that has become a talking point for those opposed to Sonia Sotomayor’s nomination. Those in favor were Justices Kennedy, Alito, Scalia, Thomas and Chief Justice Roberts. The crux of their decision, per Justice Kennedy:

Fear of litigation alone cannot justify the City’s reliance on race to the detriment of individuals who passed the examinations and qualified for promotions.

This isn’t to say that the 2nd Circuit Court (which voted unanimously on its Ricci decision) made a mistake. They followed precedents that were available at the time, which is precisely what they should have done. The Supreme Court exists to make this type of decision and even their conclusion had a narrow margin.