tag:blogger.com,1999:blog-3726083.post3003322831709355416..comments2023-10-10T09:46:13.964-04:00Comments on Tillers on Evidence and Inference: Waiting for Ricci...Anonymoushttp://www.blogger.com/profile/03081983465036974432noreply@blogger.comBlogger2125tag:blogger.com,1999:blog-3726083.post-17929975559518849052009-06-29T12:26:53.568-04:002009-06-29T12:26:53.568-04:00I suspect that the Court (five Justices) just didn...I suspect that the Court (five Justices) just didn't trust the district court to determine the facts fairly in a full trial. Otherwise it's hard to understand why the Court didn't reverse the summary judgment and remand for a full trial on the question of New Haven's motive for refusing to certify the results of the exam. (It seems to me Carbanes was right in suggesting there was a genuine factual about motive that should have precluded summary judgment. [Caveat: I speak here as a complete non-expert on employment discrimination law; my point here depends entirely on whether substantive law -- employment discrimination law -- made New Haven's actual "motive" pertinent under the circumstances and, possibly, on who had the burden of proof on motive.] {Furthermore, I haven't yet read the opinion of SCOTUS. So I can be wrong here in all sorts of ways.}])Anonymoushttps://www.blogger.com/profile/03081983465036974432noreply@blogger.comtag:blogger.com,1999:blog-3726083.post-13699843303843493052009-06-29T10:15:45.541-04:002009-06-29T10:15:45.541-04:00The opinion's out. It's not a summary disp...The opinion's out. It's not a summary disposition. Now I must read the opinion.Anonymoushttps://www.blogger.com/profile/03081983465036974432noreply@blogger.com