The Court’s decision in Northwest Austin Municipal Utility District No. 1 v. Holder largely dodged the core constitutional issue in question and has forced me to wonder how the Court will handle a different, though similarly charged, issue in Ricci v. DeStefano. To refresh everyone on the facts in Ricci, a group of white firefighters [...]

[UPDATE]: On February 25, 2009, I filed a brief as amicus curiae in this case. You can find it here. Last week, the court granted review in Ricci v. DeStefano. In 2003, the city of New Haven attempted to promote a number of firefighters to the ranks of captain and lieutenant based on a number [...]