Andy, I agree that it is pretty clear that Justice Scalia thinks that the disparate impact standard violates equal protection, and I didn’t mean to imply otherwise. I was making a narrower point. Some of my critics seem to think that quoting the Fourteenth Amendment with a few words bolded is enough to prove that Ricci was treated unconstitutionally — which means that that the constitutional question is easy. Scalia makes no such argument, and suggests that the issue is trickier.