Damned if you do, Ricci‘d if you don’t—or if you try and correct the past mistake, that is.

I’m sure none of the demagoguery about Ricci thought that this consequence could have been predicted. It was obvious.

Most likely, the idea is to continue to problematize Title VII until it seems entirely unworkable. Other than that, I don’t see the strategy behind the demagoguing the these two cases. I don’t think many of the fever pitched voices about Ricci ever really cared about employers or employment.