Ricci flow

Some time ago, Mr Rot defined for me the indispensable notion of "pissin' up a rope". Here is another fine exemplar: If it is a fireable offense for sports and entertainment figures -- such as the late Los Angeles Dodger executive Al Campanis and the late oddsmaker Jimmy the Greek -- to assert that the races have inherent differences, then why is it OK for a judge to make such a bald assertion?