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« Supreme Court Rules In Favor of White Firefighters | Main | Live Blogging the Madoff Sentencing »

June 29, 2009

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John Lowry

I fail to see why it is so hard for so many to simply take "racial discrimination is illegal" at face value.

Max Kennerly

Thankfully, they ignored the constitutional claims -- the case simply wasn't procedurally ripe for them at this point. Scalia complained about that in his dissent, saying the case merely postponed the day such would be decided.

The disappointing part is that the Supreme Court, sua sponte, converted defendant's motion to dismiss into plaintiff's motion for summary judgment, and simply entered a factual determination against New Haven, despite no discovery or factfinding having actually occurred. That is disappointing for the same reasons that Twombly was disappointing -- the Supreme Court has no facts before it except for plaintiff's complaint so how, exactly, could they reach a final conclusion of the facts?

I think Ginsburg has it right -- the majority's "strong basis in the evidence" rule is untenable and impossible to apply, and will inevitably result in another case on the same issue being heard in the near future.

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