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Read other letters about this article
Judges make many rulings and it is always rather ridiculous to point to one, as the Right as done with Judge Sotomayor, and accuse anyone of being outside the judicial mainstream.
It is also clear that the Right loves activist judges, who ignore the clear intent of the law and the power of the states and legislative branches, when they don't like the outcome.
However, in the Ricci case it is not clear what the rationale is for overturning the firefighters' test results.
If diversity, in the absence of actual or history discrimination being show, is a proper goal then does it not embed discrimination into the law for all time? What would be the standard? Mathematical alignment or who has power any one moment?
Without reading the opinion one who hope the Court did what Justice Powell did in Backe, let Backe into medical school and preserved a rational basis for affirmative action.
