Many conservatives have taken up the cause of Frank Ricci, a New Haven, Conn., firefighter who sued the city, claiming that officials discriminated against him when they rejected the results of a promotion exam, on which he did well, because all but one of the top scoring candidates were white.

a lot of people have suggested that Ricci has been treated unusually and unfairly in the courts. In fact, he's been treated just like any other plaintiff suing for employment discrimination. The anger and frustration of the top-scoring firefighters who expected promotions is understandable. But the outrage on the right is also ironic, because the reason that people who sue for employment discrimination—like Frank Ricci—rarely win their cases is that conservative judges have spent decades making sure they usually lose.