Uncertainty abounds about how the Supreme Court will rule in a pair of landmark cases that test whether race can be used as a factor in placing public school students. The cases, one from Louisville, Ky., and the other from Seattle, will be argued Dec. 4.
But for lawyers following the cases, the suspense will focus on Teddy Gordon, the Louisville solo practitioner who will argue against using race. His nine-page merits brief was attacked as “extremely weak” by Columbia Law School professor Michael Dorf, a former clerk to Justice Anthony Kennedy who wondered in a Findlaw column why Gordon should be allowed to “waste everybody’s time” at argument.
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