Sotomayor and Ricci

Here is the Appellate Court decision regarding the Ricci case.

Interesting quote:

Insofar as the dissent suggests that the plaintiffs produced evidence of a racial classification or the imposition of a quota, I think it entirely mistaken. Although the City acted out of a concern that certifying the exam results would have an adverse impact on minority candidates-and although, as the panel noted in its decision, the result was understandably frustrating for applicants who passed the test-the City’s response, facially race-neutral. The City did not classify or confer any actual benefit on applicants on the basis of race.

The motivation for the city’s action, indicated in the paragraph, is out of concern for minority candidates. Even if one concedes that the act was race neutral (which I don’t), the motivation behind that action certainly was not.

With specific regards to the act itself, it sought to punish mostly white men and two hispanics because they passed a test. I will let you figure out how that is race-neutral.

Antonin Scalia says it best:


“It’s neutral because you throw it out for the losers as well as for the winners?” 

 “That’s neutrality?”







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