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Race Descrimination Still a Struggle for SCOTUS

“Damned if you do, damned if you don’t situation” is how Justice David Souter described the problem of race-conscious job promotion that avoids race discrimination.
The case, brought by white New Haven firefighters who were denied promotion when an examination was thrown out because no black firefighters scored high enough, raised claims of racial discrimination from both sides.

Dana Milbank writes about it here.

Justices Talk “Underpants”

Where usually the terminology tends to be legal, and in Latin, yesterday the discussion touched on underpants and the “ick factor” as the Supreme Court considered a middle school strip search case from Arizona.

Dahlia Lithwick has the story here.

NYT story here.

Sen. Stevens’ Reversal of Fortune


In a stunning about-face prosecutors in the trial of Sen. Ted Stevens found themselves subject to criminal contempt proceedings.  As he dismissed the indictment against the former Alaska senator, an outraged Judge Emmett Sullivan appointed a non-government lawyer, Janis, Schuelke & Wechsler partner Henry Schuelke III, to prosecute the prosecutors.

Nightly News aired the story with sketches, but as usual some of the better drawings are never used. Here’s one of Stevens’ defense attorney Brendan Sullivan addressing the Judge at yesterday’s hearing. Ted Stevens is lightly sketched in the left background.

WaPo story here.