publius has an interest post on the politics of Ricci. My (quite amateurish) takeaway from the commentaries I've been reading is threefold:
a) The circuit ruling that Sonia Sotomayor decided applied the correct precedent, notwithstanding how unfair the reverse discrimination seemed to many of us.
b) The Supreme Court overturned this with a new rule, which is their prerogative. This does not reflect on the appropriateness of the circuit decision, which was correct given the precedents. But the new rule is a welcome development for those of who want to live in a more colorblind world.
c) After devising this rule, publius argues, the court made a procedurally innappropriate summary judgement, not sending the case back to trial for more fact finding, which he deems "pure politics".
N.Y. Judge Rejects School's Request for "Red Flag" Order Against
13-Year-Old, Including No-Knock Search Warrant
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Some excerpts from N.Y. Saratoga County trial court judge Jonathan Schopf's
long decision in Anonymous School Dist. v. Anonymous a… The post N.Y. Judge
Rej...
3 hours ago



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