Democrats != Republicans
One important lesson: democrats may nominate mediocre judges. But republicans want to nominate lunatics that think that the supreme court has been going down hill since the thirties.
One important lesson: democrats may nominate mediocre judges. But republicans want to nominate lunatics that think that the supreme court has been going down hill since the thirties.
This entry was posted on Wednesday, May 30th, 2007 at 9:06 and is filed under Gender Issues, Politics. You can follow any responses to this entry through the RSS 2.0 feed. You can skip to the end and leave a response. Pinging is currently not allowed.
May 30th, 2007 09:59
what’s really bizarre about this opinion is its senselessness. The Court has a long history of creating rules that reduce the federal docket by making it harder for plaintiffs to bring claims in federal court. But this rule not only trims the federal docket, but makes it virtually impossible to file a discrimination claim with the EEOC. That seems really bizarre and an attempt by the Court not just to eliminate frivolous claims but preclude a whole class of discrimination cases specifically authorized by Title VII.
I’m not sure what behavior they think they are encouraging with this ruling. I think statute of limitations are generally ok, and I think it’s ok for claims to rest exclusively with a state court or an administrative agency. The former encourages diligence and the latter prevents frivolous suits from reaching federal court and creates a way to expeditiously deal with claims that point to flagrant violations of the law. But neither goal is served if someone can’t file a claim within the window because they don’t know about the illegal act. I don’t get what policy is served by precluding claims entirely. It strikes me as just a normative judgment on the part of the justices that pay discrimination claims are stupid and a strained reading of Title VII to justify their conclusions.