This Essay considers three cases decided in the Supreme Court's 2008-2009 term and notes some of the major issues that are left open for discussion after these cases; its purpose is not to catalog every issue that these cases raise. Taken together, these cases challenge employment discrimination doctrine in a fundamental way. This provides the Fourth Circuit in particular the opportunity to continue doing what it has often done-think creatively about employment discrimination doctrine. This is an observation, not a criticism of the Fourth Circuit. It suggests that the Fourth Circuit can make a difference. Of course, the Fourth Circuit's personnel will affect precisely how the Fourth Circuit's views will mesh with the Supreme Court's employment discrimination jurisprudence.
Henry L. Chambers, The Wild West of Supreme Court Employment Discrimination Jurisprudence, 61 S.C. L. Rev. 577 (2010).