Monday, April 20, 2009

Blog roundup of Ricci previews

Rss In anticipation of Wednesday's Supreme Court argument in Ricci v. DeStefano, several blogs have good summaries and postings up to preview the issues. Here's a collection of links:

Sarah Crawford from the Lawyer's Committee on Civil Rights under Law has this post at ACSBlog, calling this "a case that examines the ability of employers to safeguard equal opportunity in employment testing. This important case marks the first time in decades that the Court will examine a public employer’s consideration of race in hiring or promotions."

David Muraskin, a student from Stanford has this post on Scotusblog, and notes that the Court’s decision has "the potential to fundamentally alter workplace civil rights protections."

Roger Clegg has this post at the National Review Online, asserting that the "City of New Haven threw out the results of its firefighter-promotion exam because of its politically incorrect results (too many whites, and not enough African Americans, did well)." He also highlights "an internal inconsistency in Title VII: Over and over again the statute says that employers must ignore race in making employment decisions, and over and over again the statute says that reliance on tests is perfectly fine and that racial balancing is not what Congress has in mind — but then, . . . employers are also told that if they ignore the racial results of a test (or other selection device), they might be held liable, unless they can show that the test is 'job related for the position in question and consistent with business necessity.'”

And for a good, although not lawyer-y roundtable, check out Racialicious Responds to the Firefighter Reverse Discrimination Case, which not only has good commentary on some of the real underlying issues on race and discrimination, but also speculates what the Justices' Twitter feeds might look like:

Fatemeh: “RBGinsburg is rolling her eyes at Scalia for the 8,000 time today.”

Arturo: bwaha

Latoya: lol

Arturo: “Antonin Scalia would rather be hunting duck”


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