SAN FRANCISCO — To understand why Ninth Circuit U.S. Court of Appeals Judge Sidney Thomas is a finalist for elevation, look at Jackson v. Rent-a-Center West .

The case was argued before the U.S. Supreme Court last week, but Thomas wrote the majority opinion when it was before the Ninth Circuit. Antonio Jackson, an African-American employee, claimed he was denied promotions because of his race. His company mandated arbitration, a device progressives say is unfairly stacked against the little guy.

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