Judge Sotomayor’s participation in the Ricci v. DeStefano case is sure to attract much attention. One interesting subplot in the case is that the Obama administration is among those who disagree with the Second Circuit’s decision. The amicus brief submitted by the Solicitor General’s office asks the Court to vacate and remand the lower court’s decision. As the brief explains:
Neither the district court nor the court of appeals, however, adequately considered whether, viewing the evidence in the light most favorable to petitioners, a genuine issue of material fact remained whether respondents’ claimed purpose to comply with Title VII was a pretext for intentional racial discrimination in violation of Title VII or the Equal Protection Clause.