Ricci and Sotomayor
Dylan has an excellent piece at Campus Progress defending Sotomayor’s decision in the infamous Ricci v. DeStefano case. I haven’t yet heard a good argument that what the New Haven Fire Department did wasn’t require or at least allowed by Title VII of the Civil Rights Act. Instead, I’ve heard a bunch of braying about how affirmative action is bad and how sympathetic Stephen Ricci is as a plaintiff. Basically, what George Will and Roger Cohen and a lot of Sotomayor’s critics are doing is making a policy argument and then piling on Sotomayor for coming to a legal decision that results in their preferred policy not being implemented.
What’s the phrase for thinking that policy considerations should overhwhelm legal ones? Starts with a J, two words, might end with ism?
[...] Further reading: Ricci and Sotomayor – Matt Zeitlin [...]
Ricci v. DeStefano – Sotomayor and “Reverse Racism” « Phil the Pill
May 28, 2009 at 2:08 pm