Monday, June 29, 2009

Ricci and the Lawyerocracy

The lesson that you get from affirmative action law is that no matter what you do, how much you prepare and vet, if the grievance mongers don't like the outcome you are guilty. 

Epstein makes the point that under current law the 5 to 4 majority got it right, but what does that even mean? If the balance of the court changes then they will have gotten it "wrong?" Clearly there is no right or wrong, there is only the way the current majority wants it. 

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