WASHINGTON AP – The Supreme Court appeared divided Wednesday over whether a Connecticut city’s decision to scrap a promotion exam for firefighters because too few minorities passed violates the civil rights of top-scoring white applicants.

As is often the case with closely fought social issues at the court, Justice Anthony Kennedy appeared to hold the key to the outcome. He seemed concerned that New Haven, Conn., scuttled the test after it learned that no African-Americans and only two Hispanic firefighters were likely to be promoted based on the results.