Gerry Canavan

the smartest kid on earth

Enjoy Your Plutocracy – 2

with 8 comments

More on yesterday’s Walmart v. Dukes decision from Dahlia Lithwick and Scott Lemieux. Here’s Lemieux:

…if you can’t use statistical and anecdotal evidence to prove gender discrimination — and, as he apparently admitted about racial discrimination and the death penalty during the deliberations in McKleskey v. Kemp, it’s clear there’s no amount of statistical and anecdotal evidence that would convince Scalia — then there really isn’t a law against gender discrimination at all. There’s just a law against having your company being run by complete idiots. Any amount of gender (or, presumably, racial) discrimination is acceptable to the Court’s Republican appointees as long as you’re not dumb enough to actually explicitly state it as a formal policy.

Elsewhere in Supreme Court news, we have ThinkProgress reporting that Clarence Thomas decided three cases where the American Enterprise Institute filed a brief after AEI gave him a $15,000 gift.

8 Responses

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  1. I wonder what the American justice system would look like if you could only take cases as high as the circuit courts. I don’t really see any intrinsic reason why there needs to be an overriding body that has the ultimate say on cases of deep import.

    Alex

    June 21, 2011 at 12:19 pm

    • That’s an interesting concept. The fact that the circuit courts wildly contradict each other would be the obvious reason, but then if there were two Supreme Courts each covering half the country they’d wildly contradict each other all the time too. The real problem is that the rule of law is a useful fiction that completely breaks down (1) at the margins and (2) in important, highly contentious conflicts.

      gerrycanavan

      June 21, 2011 at 12:35 pm

      • But I guess my question is: is disagreement and wild contradiction among the circuit courts really that much of a problem? (The answer may be, “Yes”; I can think of plenty of reasons why it might be – e.g., you may effectively have nine different nations, each governed by its own body of law. But it’s at least worth considering).

        Alex

        June 21, 2011 at 1:55 pm

      • >But I guess my question is: is disagreement and wild contradiction among the circuit courts really that much of a problem?

        Yes, for all the reasons excessive federalism and deference to “states’ rights” is a problem. Think race to the bottom, Jim Crow, etc.

        Shankar

        June 21, 2011 at 6:18 pm

  2. That name should be Alex. I’m not really sure why it says ucdciss.

    Alex

    June 21, 2011 at 12:20 pm

    • Shoddy German computer manufacturing?

      (fixed it)

      gerrycanavan

      June 21, 2011 at 12:30 pm

    • Shoddy German computer manufacturing?

      (fixed it)

      gerrycanavan

      June 21, 2011 at 12:30 pm

      • Double comment thanks to shoddy Sino-American computer manufacturing!

        gerrycanavan

        June 21, 2011 at 12:35 pm


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