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Disparate Treatment and Equal Protection

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In Uncategorized
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On July 1, 2009
Scalia's concurrence in Ricci elaborated an alleged conflict between equal protection and the disparate treatment of the Civil Rights Act. I won't call this a false conflict, exactly -- as with many legal and constitutional values, there is potential tension in marginal cases. But I...

Ricci and Sotomayor

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On June 30, 2009

Attempts to use Ricci to derail Sotomayor's nomination won't work, but (as Paul also said earlier today) they do show how silly the whole "empathy" criticism is.

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