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Taking Issue With More Sotomayor Coverage — From Right, Left, and Center

Judge Sonia Sotomayor’s nomination to the Supreme Court, and especially her provocative assertion (which she misleadingly labels a “hope”) that “a wise Latina woman with the richness of her experiences would more often than not reach a better conclusion than a white male who hasn’t lived that life,” continues to excite commentators — Right, Left, […]

A Blank SLATE Re Title VII

Yesterday Emily Bazelon, one of SLATE’s liberal legal writers, wrote that Ricci v. Stefano, the case of the New Haven firefighters who were denied promotions because no blacks passed the promotion exam (see here, citing a bunch of earlier posts), “is a hard case with bad facts—a case that could do serious damage to Title […]

Does “Equal Opportunity” Require The “Without Regard” Principle? Let’s Ask Former Yale Law Dean Harold Hongju Koh

Yesterday I discussed (here) the ACLU’s attempt to prevent Quinnipiac University from eliminating its women’s volleyball team, along with two men’s teams, in an effort to cut costs, the sort of decision one might think possessing some academic freedom protections. In preparing that post I looked at, and wound up linking, a long list of […]

What’s “Empathy”? Easy. It’s Being “On The Side Of” Minorities

If you’ve been wondering what President Obama means by “empathy,” wonder no longer. The Chronicle of Higher Education makes it clear this morning, in “Supreme Court Nominee Was on the Side of Minorities in Key Cases.” President Obama’s nominee for the U.S. Supreme Court, Sonia Sotomayor, has a relatively thin record on cases involving higher […]

Quinnipiac Univ. Women Have A Right To … Volleyball?

[NOTE! This post has been UPDATED] Well, yes, according to the ACLU, which is attempting, so far successfully, to block Quinnipiac from eliminating its women’s volleyball team. The Chronicle of Higher Education reports today: A federal judge told Quinnipiac University today that it may not eliminate its women’s volleyball team — or cut spending on […]

The “Bloody Shirt” Still Waves. Does It Fly In The White House?

I have had, or in any event taken, several opportunities to discuss both the original and modern versions of “waving the bloody shirt,” described here as the popular Republican tactic for more than a generation after the Civil War to remind voters of the Democrats’ sympathies with the South. In addition to that post, see […]

Update!

Stuart Taylor Skewers Sotomayor’s Identity Politics … Sort Of has been UPDATED three times.

Will On Wayward Liberals

In his Washington Post column this morning George Will writes: For several decades, most of the ingenuity that liberal academics have invested in First Amendment analysis has aimed to justify limiting the core activity that the amendment was written to protect — political speech. These analyses treat free speech as not an inherent good but […]

Stuart Taylor Skewers Sotomayor’s Identity Politics … Sort Of

[NOTE! May 24. This post has now been UPDATED three times. Since these UPDATES have become the tail that wags the bedraggled dog of this post, I think you should read them.] How could I not like Stuart Taylor’s masterful dissection of Judge Sonia Sotomayor’s identity politics in his current National Journal column? After all, […]

Your Dept. of Justice: Busy Putting Out Fires Putting Down Fire Departments In Virginia

Back in March the Department of Justice settled a lawsuit against the Portsmouth, Virginia, fire department for allegedly discriminating black applicants for entry-level firefighter positions. (I missed this when it happened, and would have continued to miss it if the ever-watchful Roger Clegg had not brought it to my attention.) According to the Justice Department’s […]