I disagree with Ilya Somin on the merits of the Court’s decision this morning in Ricci, but he’s absolutely right that the decision pretty well disproves notions that Justice Roberts and conservative jurisprudence more generally are inherently “pro-business” and/or “pro-government.” The effects of this decision are going to be to increase, rather than decrease, litigation against employers, while also making it harder for employers to comply with anti-discrimination laws.
1 thought on “Ricci: An Anti-Business Decision”
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I think the Roberts court is hardly anymore “pro-business’ or “pro-government” than any other court but there are certainly tendencies at least in some cases to favor the executive branch, which seems to be a trend in court decisions for both parties actually that is troubling enough, but certainly not unique to conservatives. Then again, maybe I’m misreading a lot of these, layman that I am.Report