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Bench Memos

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Hatch’s Questioning re Ricci



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She keeps saying that the Supreme Court announced “a new standard” in Ricci, which is highly misleading. Her implication is that an existing standard had been changed, which is not true. It’s “a new standard” in the sense that the Supreme Court’s decision is “new” (duh!), but it was entirely consistent with past precedent and the statutory language.



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