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".
Patients Have a Right To Try. Why Can't They Use It?
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Terminally ill patients were promised access to experimental treatments,
but the "right to try" exists mostly on paper.
1 hour ago



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