John Rosenberg has an interesting post on his “Discriminations” blogsite re the Second Circuit oral argument in Ricci, the audiotapes of which Politico recently obtained. The most instructive snippet is, “Counsel, we’re not suggesting that unqualified people be hired.” As John asks, “We’re not suggesting . . . ? Who is that ‘we’? Has Judge Sotomayor climbed down from the bench and joined the defendants here . . . or has she joined them while staying on the bench?”