My new column for the Prospect looks the forthcoming oral arguments about the Wal-Mart gender discrimination class action and the importance of Supreme Court cases that don't involve judicial review. It will be interesting to see how the argument goes, but this looks set up...
civil rights
School boards have gotten the green light from the Supreme Court to re-segregate, and so why not just abandon any pretense of caring and go back to the same "neighborhood.
Ah, the American judicial system. An employer engages in racial discrimination sufficiently egregious that an Alabama jury find it illegal. The 11th Circuit throws out the verdict. Its reasoning is.
I've been having a conversation with the very sharp Silvana Naguib. Particularly since my general position on this is on the record, and I think the analysis applies to anybody Obama might have appointed, rather than turn this into the umpteenth Kagan post let's talk...
Both the long and short book-length versions of his argument are worth reading, but Michael Klarman's remarks about the Supreme Court's generally poor record when it comes to the rights.
Scalia's concurrence in Ricci elaborated an alleged conflict between equal protection and the disparate treatment of the Civil Rights Act. I won't call this a false conflict, exactly -- as.
I'll have more tomorrow, but like Publius I was amazed to come home and read Alito's remarkable-and-not-in-a-good-way concurrence focusing on the Scary Black Guy who allegedly caused New Haven to jettison its testing process for promotions. As Adam also points out, Ginsburg was devastating in...
I will be in a car returning from a graduation party most of the day. So if, as expected, the Court hands down its decision in Ricci today and reverses.
The Supreme Court today, by an 8-1 vote, narowed but did not strike down the "preclearance" provisions of the Voting Rights Act that require certain jurisdictions to get federal approval.
In light of two controversial 5-4 Supreme Court decisions this week, Matt is reminded of Jeffrey Toobin's point that "In every major case since he became the nation’s seventeenth Chief Justice, Roberts has sided with the prosecution over the defendant, the state over the condemned,...
Commenting in defense of grandfather clauses that help to perpetuate previously racist admissions policies and John Roberts's empty formalism in Parents Involved, David Nieporent asserts:And both you and Stevens might.
Shorter verbatim Jonah Goldberg: "People say, 'well, why should we be neutral on race when people aren't neutral about whose family gave more money to a school and all the.