Bench Memos

NRO’s home for judicial news and analysis.

Sotomayor and Adarand


Her attempt to say that the constitutional standard was not at issue in Ricci and citing to the Supreme Court’s avoidance of the constitutional issue in its Ricci decision is unpersuasive: The Supreme Court did not have to reach the constitutional issue because it ruled for the firefighters on the statutory issue; since Sotomayor’s panel rejected the statutory claim, they were obliged to reach the constitutional issue.


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