Ricci: The Equal Protection Implications

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2 Responses

  1. RJ says:

    In what should be the unlikely event that the district court in Briscoe refuses to dismiss the case as either time-barred or foreclosed by the Ricci opinion, I think it would be nice to see Briscoe (or the relief he requests) challenged on EP grounds with the end result being the invalidation of Title VII’s disparate impact provision as unconstitutional. If anything, the fact that Briscoe and related actions are vexing the Ricci plaintiffs on remand and worse still, threaten to disrupt the City of New Haven’s ability to fill other vacancies in its fire department for years if these litigations are allowed to proceed, it provides a compelling reason and incentive for the Supreme Court to take the issue up and end the nonsense once and for all. As they say, be careful what you ask for . . . these new litigants may get far more than they sought.