Monday, October 31, 2005


I think it would've been quite nice if Judge Alito had stopped by to pay respects to Rosa Parks... yesterday. The idea that they're going to parade him in front of her casket after his nomination is truly demented, especially given Alito's dissent in Bray v. Marriot Hotels which , as explained in the majority opinion:

The dissent's position would immunize an employer
from the reach of Title VII if the employer's belief that it had selected the "best" candidate, was the result of conscious racial bias. Thus, the issue here, is not merely whether Marriott was seeking the "best" candidate but whether a reasonable factfinder could conclude that Bray was not deemed the best because she is Black. Indeed, Title VII would be eviscerated if our analysis were to halt where the dissent suggests.