Bench Memos

Was Ricci a Close Call?

Senator Kohl asks whether Ricci wasn’t a close decision, since it was 5-4. But, as Ed Whelan and others have noted, all nine justices actually rejected her approach. Also, Senator Sessions is quite right to point out that, even if there was binding Second Circuit precedent (there wasn’t, per my earlier post), she could have voted to reconsider it en banc, and refused to do so.