Ricci v. DeStefano

JOSÉ A. CABRANES, Circuit Judge,

with whom

Chief Judge JACOBS, Judge RAGGI, Judge WESLEY, Judge HALL, and Judge LIVINGSTON join, dissenting:

This appeal raises important questions of first impression in our Circuit — and indeed, in the nation — regarding the application of the Fourteenth Amendment’s Equal Protection Clause and Title VII’s prohibition on discriminatory employment practices. At its core, this case presents a straight forward question: May a municipal employer disregard the results of a qualifying examination, which was careful*94ly constructed to ensure race-neutrality, on the ground…