Word: tossings
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There is a bright line, though. And I would guess that Sotomayor crossed it when she agreed in 2008 to toss the results of a promotion exam for the New Haven, Conn., fire department because an insufficient number of minorities passed it. That seems inherently unfair to those who succeeded - including the dyslexic firefighter Frank Ricci, who hired tutors to help him pass and whose name adorns the case. The lack of minority success does not necessarily signify the presence of racial prejudice. The best way to rectify such a situation is to make sure the next test is truer...
When super-lawyers Ted Olson and David Boies went to court last week to ask a federal judge to toss out California's Proposition 8, one might have expected longtime gay-marriage advocates to welcome the move with open arms. After all, not only is Olson, 69, one of the preeminent members of the Supreme Court bar and Boies an acclaimed trial lawyer who famously squared off with Olson in 2000 when they took opposing sides in the Supreme Court's landmark Bush v. Gore election case. But perhaps even more important symbolically, Olson is a former top lawyer...
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