How Ricci almost disappeared

Stuart Taylor describes how the Ricci case almost disappeared into obscurity, with no triumph, no national publicity and no Supreme Court review: “[B]y electing on Feb. 15, 2008, to dispose of the case by a cursory, unsigned summary order, Judges Sotomayor, Rosemary Pooler and Robert Sack avoided circulating the decision in a way likely to bring it to the attention of other 2nd Circuit judges, including the six who later voted to rehear the case.”

Taylor’s column brings to mind the judicial shenanigans set forth in the procedural appendix to the dissenting opinion of Sixth Circuit Judge Danny Boggs protesting the Sixth Circuit’s handling of the Grutter v. Bollinger affirmative action case that also went to the Supreme Court. Judge Boggs’s procedural appendix appears at the end of the Sixth Circuit’s opinions in Grutter here. At the time John Eastman summarized the issues raised by Judge Boggs in “Judge shopping…by judges?”

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