July 1, 2009

At City Journal: "The Supreme Court's commendable Ricci verdict won't change the Catch-22 logic of discrimination law. ...It won't happen in this Congress, but ultimately, let's hope that disparate impact finds itself in the dustbin of history."

Some other noteworthy reactions to Ricci: Ilya Somin at Volokh (decision may increase costs of litigation and compliance for employers, shedding further doubt on critics' contention that Roberts Court is "pro-business"); Michael Fox (noting Ginsburg language about majority ruling lacking "staying power"); Daniel Schwartz (rounding up reactions) and followup (five things employers can learn from case); Marc Alifanz, Stoel Rives "World of Work" (Congress may undo, as it undid Wards Cove); NYT "Room for Debate". And as mentioned earlier, I've discussed the decision in pieces for Forbes.com and the New York Post.