In long stretches of Wendy Long’s latest post about me, I have no idea with whom she thinks she’s arguing. I never claimed that the conservatives on the Supreme Court engaged in the same amount of judicial activism as the liberals. Long writes that “nothing in the history of the 14th Amendment undercuts the argument that a white or Latino firefighter is discriminated against when a promotion is denied to him after a non-discriminatory test, on the ground that no blacks could thereby be promoted.” I never denied that Ricci was discriminated against; I questioned whether that discrimination violated the Fourteenth Amendment. Arguing that it did requires more than the ability to use boldface.