Tuesday, June 30, 2009
Register likes Ricci -- mostly
Further reading and talking to law profs today made it clear that while the Ricci case was, as the Register pointed out, correctly decided, by remanding the case to lower courts to work out the details -- without much guidance, the Supremes left all kinds of questions unanswered. Do the white and Hispanic firefighters have the right to jobs posted in 2003, or have things changed enough in the intervening time that they have to start all over. The principle -- give your best shot at a race-neutral test (perhaps it could include demonstrating practicalk skills as well as memorizing stuff -- and live with the results. But there are plenty of details remaining, and a similar case might come to the Supremes again in a few years -- which might be what the Roberts wing of the court, devoted to gradualism, wants.