Supreme Court won't intervene in discrimination suit led by Black ex-head coach Flores against NFL

WASHINGTON (AP) — The Supreme Court on Tuesday refused to intervene in a discrimination lawsuit led by former Miami Dolphins head coach Brian Flores against the NFL, allowing the case to proceed toward trial.

The justices rebuffed an appeal from the league, which wanted the case handled through its arbitration process rather than open court in New York. Justice Brett Kavanaugh dissented from the decision not to hear the case.

Flores, who's Black, sued the league and three teams in February 2022, alleging the league was “rife with racism” regarding its hiring practices when it comes to Black coaches. He was later joined in the lawsuit by fellow Black coaches Steve Wilks and Ray Horton.

Flores, who was fired by the Dolphins shortly before the suit was filed, is now the Minnesota Vikings' defensive coordinator.

The NFL has argued Flores should go through arbitration rather than the legal system, but lower courts have sided with the plaintiffs. The league said it respected the Supreme Court decision, which allows lower-court rulings to stay in place, but is "fully prepared to defend ourselves as this matter proceeds.”

David Gottlieb and Douglas Wigdor, attorneys for the plaintiffs, said they were pleased with the decision. “The NFL must now accept that its commissioner cannot be the arbitrator over discrimination claims against the league and its teams. We look forward to litigating these claims in court,” they said in a statement.

Flores was fired after posting a 24-25 record over three years without a playoff appearance. The Dolphins did have back-to-back winning seasons before Flores was dismissed.

Flores sued the NFL as well as the Denver Broncos, the New York Giants and the Houston Texans. He interviewed with the Broncos in 2019 and the Giants and Texans in 2022.

Wilks, who was fired as the New York Jets' defensive coordinator in December, joined the lawsuit by claiming the Arizona Cardinals in 2018 hired him as a “bridge coach” — promoting him to interim coach after they fired another coach but then passing over him for the full-time role. He said the Cardinals didn’t provide him with a realistic chance to succeed.

Horton, who last coached in the NFL in 2019, alleged the Tennessee Titans didn’t offer him a genuine interview for the head coaching position in 2016.

Associated Press writer Michael R. Sisak in New York contributed to this story.

Follow the AP's coverage of the U.S. Supreme Court at https://apnews.com/hub/us-supreme-court and the NFL at https://apnews.com/hub/nfl.

The Supreme Court is seen in Washington, Monday, May 18, 2026. (AP Photo/J. Scott Applewhite)

FILE - Minnesota Vikings defensive coordinator Brian Flores stands on the sideline during the first half of an NFL football game against the Chicago Bears, Sunday, Nov. 16, 2025, in Minneapolis. (AP Photo/Matt Krohn, File)

FILE - Tennessee Titans defensive coordinator Ray Horton, during an organized team activity at the team's NFL football training facility, June 10, 2015, in Nashville, Tenn. (AP Photo/Mark Humphrey, File)

FILE - Cleveland Browns defensive coordinator Steve Wilks walks on the sideline during an NFL football game against the Cincinnati Bengals, Sunday, Dec. 8, 2019, in Cleveland. (AP Photo/David Richard)

FILE - Miami Dolphins coach Brian Flores yells during the second half of an NFL football game against the New Orleans Saints Monday, Dec. 27, 2021, in New Orleans. (AP Photo/Butch Dill, File)

WASHINGTON (AP) — U.S. consumer confidence declined slightly this month as gas prices stayed high and inflation remained elevated, a sharp contrast to soaring stock prices hover near record levels.

The Conference Board’s consumer confidence index slipped 0.7 points to 93.1 in May, the first decline after three months of gains. The measure hasn't fallen as much this year as other gauges of consumer attitudes, but it has been stuck at a low level since the pandemic. Before COVID-19, it regularly reached 130.

A separate gauge of consumer sentiment released last week by the University of Michigan fell to a record low this month. Soaring gas and food costs have worsened inflation that is outpacing the average growth in paychecks, reducing most Americans’ purchasing power. Americans have soured on President Trump’s economic policies, polls show, potentially creating problems for Republicans heading into the midterm elections.

Consumer sentiment is mostly gloomy even as the economy is still growing and the unemployment rate has stayed low. Some economists argue that the gap reflects inequality in a “K-shaped” economy, with higher-income Americans benefitting from rising stock prices and still spending while lower-income households struggle.

Tuesday's consumer confidence survey showed that confidence grew among households with incomes at or above $100,000, while it fell for most others.

“The prospect of higher prices and faster inflation continues to loom over confidence readings with many households taking a more cautious approach to purchases this year,” Ben Ayers, Nationwide senior economist, said.

There were some positive signs, Ayers noted: Americans' expectations for growth six months in the future improved, potentially a sign they expect the Iran war to be over by then.

Still, Americans' outlook on the job market worsened slightly. The proportion of respondents who said jobs are “plentiful” dropped to 25.5%, the lowest in three years. At the same time, just 18.6% said jobs were “hard to get,” the smallest percentage since October. The findings reflect the “low-hire, low-fire” job market that has made it harder for those out of work to obtain new jobs.

Gas prices have soared to a nationwide average of $4.49 a gallon from $2.98 just before the war began at the end of February, and have been at or above $4.50 a gallon for nearly all of May.

This month, the Conference Board added special questions to its survey, which found rising prices have caused most Americans to change their spending habits. Two-thirds of respondents said they are cutting back spending in response to the increases, with most of those reducing overall purchases and delaying more expensive acquisitions.

Many consumers are also planning to economize on clothes, shoes, hobby items, and toys and games, the survey found.

Inflation jumped to 3.8% in April, the highest in three years and far above the Federal Reserve's 2% target. In addition to more expensive gas, grocery prices have also started rising more quickly, likely driven by higher shipping costs. Beef prices have also risen sharply, as drought and other factors have reduced cattle herds.

The higher prices are reducing Americans' average inflation-adjusted incomes. Average hourly earnings, adjusted for price changes, shrank in April from a year earlier for the first time in three years.

Other data also suggests consumers have grown more cautious amid rising prices. Adjusted for inflation, retail sales actually declined in April, after a solid increase in March.

And the University of Michigan's consumer sentiment index fell to a record-low 44.8 in May, its third straight decline, as a majority of respondents said rising prices were hurting their personal finances.

A motorist swipes a credit card at the pump to pay for gasoline at a gas station, Sunday, May 24, 2026, in Sheridan, Colo. (AP Photo/David Zalubowski)

The per-gallon prices for the various grades of gasoline available at a gas station are displayed on a sign above the pumps, Sunday, May 24, 2026, in southeast Denver. (AP Photo/David Zalubowski)