Tidbits from Ricci on the Second Circuit’s Disposition:

There is relatively little in Justice Kennedy’s majority opinion that directly addresses the handling of this case by the U.S. Court of Appeals for the Second Circuit. There are, however, some interesting passages from some of the other opinions that suggest disagreement with how the Second Circuit panel resolved the case.

First, Justice Ginsburg’s dissent contains an interesting footnote — Footnote 10 — suggesting that she and the other dissenters were prepared to vacate and remand the case as recommended by the Obama Administration’s amicus brief.

10. The lower courts focused on respondents