It's a reverse discrimination case filed by white firefighters in New Haven, Conn. They argued they were discriminated against when the city tossed out the results of a promotion exam because too few minorities scored high enough on it.
Sonia Sotomayor, who has been nominated to take Souter's seat, was one of three appeals court judges who ruled that New Haven officials acted properly.
That's one of the cases the high court is dealing with Monday before justices begin their summer break.
Souter said he'd retire when the court rises for the summer recess. He was named to the court in 1990.
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