That the unsigned order came to the attention of Judge Jose Cabranes was very fortunate indeed. It was also pure happenstance, and the Ricci case might just as easily have been buried–as it apparently was intended to be.
Dare we hope that someone on the Senate Judiciary Committee asks about this specific matter when hearings convene next week?
UPDATE: I see that pro-Sotomayor groups are out to target and trash Frank Ricci. I am not surprised, but character assassination never fails to appall. It is one thing to argue that Sotomayor made the right ruling, but quite another altogether to try to ruin the reputation of a litigant in a case Sotomayor decided, merely because the decision made Sotomayor look bad and was eventually overturned by the Supreme Court. What is going to happen next? Are litigants from other controversial cases Sotomayor decided also going to be targeted for slime-and-smear campaigns?