Comments on: SCOTUS To Older Americans: Learn To Read Minds

By: Oro Lee

Oro Lee — Fri, 19 Jun 2009 19:13:56 +0000

To complete the thought [I fired a little too early], HOW MUCH MORE DAMN ACTIVIST CAN A JSTICE OR A COURT BE???

By: Oro Lee

Oro Lee — Fri, 19 Jun 2009 19:10:00 +0000

This “Justice” ignores the will of congress, the court’s own precedent, and the judiciar’s obligation under the due process constraints of the Constitution to fashion rules of evidence and procedure which comports with real-world conditions to reach a decision of his own liking.

By: Trevor

Trevor — Fri, 19 Jun 2009 19:03:00 +0000

@4 surely you don’t believe that an injustice is permissible so long as it only affects a small number of people? As an experienced practitioner of employment law, I bet you could help us all better understand how the ADEA violates employers’ rights.

By: Jon

Jon — Fri, 19 Jun 2009 16:44:53 +0000

This description of the Gross v. FBL case is misleading. It doesn’t result in “victims of age discrimination” becoming “helpless.” In fact, it affects only a tiny minority of cases, those called “mixed motive” cases, involving the rare circumstances in which the employee has some “direct evidence” of discrimination (such as a supervisor saying “I need a younger workforce”). I’ve been practicing employment law for 20 years, and I’ve never worked on a “mixed motive” case. For the vast majority of cases, this decision changes absolutely nothing.

By: Chris Diaz

Chris Diaz — Fri, 19 Jun 2009 08:17:40 +0000

God, Thomas is so disgusting. As a fellow person of color, it absolutely sickens me to see people who I know damn well know what discrimination feels like behave like that.

I think people like Thomas just snapped at a certain point, the way some kids from extremely abusive homes grow up to be awful abusers themselves. So frustrating.

By: Richard Wang

Richard Wang — Thu, 18 Jun 2009 20:59:37 +0000

This is a great issue to take to congress and make repiglicans vote to ensure no age discrimination. Let them try to defend this thwarting of Congress’ will. Can you say “Activist Judge?”

By: JM

JM — Thu, 18 Jun 2009 20:31:15 +0000

The Republicans on the court are playing dumb, just like last time. Congress will have to clarify it until it can’t be deliberately misread. Oddly enough, deliberate misreading is also the Republicans’ strategy against Sotomayor.

Wake me when the Republicans stop playing dumb. Only then will we know that there’s a rational right we can engage.