Justice Alito's Inexcusable Rudeness

[boston bean]

The episode occurred when Ginsburg read from the bench her dissent in two employment discrimination cases decided Monday, Vance v. Ball State University and University of Texas Southwestern Medical Center v. Nassar. In both cases, the Court majority made it harder for plaintiffs to prevail on claims of racial and sexual discrimination.  The Nassar opinion raises the level of proof required to establish that employers have "retaliated" against employees by firing or demoting them after they complain about discrimination; Vance limits the definition of "supervisor" on the job, making it harder for employees harassed by those with limited but real authority over them to sue the employers.

The Vance opinion is by Alito, and as he summarized the opinion from the bench he seemed to be at great pains to show that the dissent (which of course no one in the courtroom had yet seen) was wrong in its critique. That's not unusual in a written opinion; more commonly, however, bench summaries simply lay out the majority's rationale and mention only that there was a dissent. (Kennedy's Nassar summary followed the latter model.)

After both opinions had been read, Ginsburg read aloud a summary of her joint dissent in the two cases.  She critiqued the Vance opinion by laying out a "hypothetical" (clearly drawn from a real case) in which a female worker on a road crew is subjected to humiliations by the "lead worker," who directs the crew's daily operation but cannot fire or demote those working with him. The Vance opinion, she suggested, would leave the female worker without a remedy.

At this point, Alito pursed his lips, rolled his eyes to the ceiling, and shook his head "no." He looked for all the world like Sean Penn as Jeff Spicoli in Fast Times at Ridgemont High, signaling to the homies his contempt for Ray Walston as the bothersome history teacher, Mr. Hand.  

http://www.theatlantic.com/national/archive/2013/06/justice-alitos-inexcusable-rudeness/277163/

What an ass. Also, what a sad day on the court for weakening EEOC law.

Ruth Ginsburg is a pioneer in this field. I can only imagine how she must feel seeing the turn about on these issues. Then to have that arrogant fuck head acting like a two year old, when she was dissenting and making real life circumstances part of her dissent. The fucker doesn't have a clue.

[JustAnotherGen]

1. He is a

Rude, arrogant, asshole and everything Bush Co. must have hoped he would be when they appointed him.

His mother must be so proud of what he has become.

If he can't bring his respect to the table/bench - then he should expect to not be respected by me. . . and diminished to being an asshole.

And that's that.

[enough]

2. His lack of respect for the court itself is the most appalling thing about this. (nt)

[CrispyQ]

3. There are some serious shit stains on this bench.

[DarthDem]

4. Ah, the Roberts Court in Action

Dismissive of the liberal minority - - why, Justice Ginsburg just doesn't get it!!!!!!

And meanwhile, they're afraid to issue any high-profile rulings (ACA, affirmative action), which is a good thing, but they continue to nibble away at the margins to make life safe for corporations everywhere in less-noticed decisions like these, and last week's latest attack against class actions.

[ismnotwasm]

5. Silly fucker with way too much power

In the nursing world, that behavior is considered a form of bulling--called lateral violence. It's an interesting concept.


Which doesn't detract from the point that's he's a silly fucker with way too much power.

[ismnotwasm]

6. The Best Lines From Ginsburg's Dissent on the Voting Rights Act Decision

Related---she is an intelligent, articulate women, deserving of the highest respect

"When confronting the most constitutionally invidious form of discrimination, and the most fundamental right in our democratic system, Congress’ power to act is at its height."

"Demand for a record of violations equivalent to the one earlier made would expose Congress to a catch-22. If the statute was working, there would be less evidence of discrimination, so opponents might argue that Congress should not be allowed to renew the statute. In contrast, if the statute was not working, there would be plenty of evidence of discrimination, but scant reason to renew a failed regulatory regime."

"Just as buildings in California have a greater need to be earthquake­ proofed, places where there is greater racial polarization in voting have a greater need for prophylactic measures to prevent purposeful race discrimination."

"Congress approached the 2006 reauthorization of the VRA with great care and seriousness. The same cannot be said of the Court’s opinion today. The Court makes no genuine attempt to engage with the massive legislative record that Congress assembled. Instead, it relies on increases in voter registration and turnout as if that were the whole story. See supra, at 18–19. Without even identifying a standard of review, the Court dismissively brushes off arguments based on "data from the record," and declines to enter the "debat[e about] what [the] record shows" ... One would expect more from an opinion striking at the heart of the Nation's signal piece of civil-rights legislation.

"Given a record replete with examples of denial or abridgment of a paramount federal right, the Court should have left the matter where it belongs: in Congress’ bailiwick."

http://www.motherjones.com/mojo/2013/06/best-lines-ginsburg-dissent-voting-rights-act-decision

[geek tragedy]

7. Totally a coincidence that he engaged in a similar stunt

when a certain black guy was speaking:

http://www.politico.com/blogs/politicolive/0110/Justice_Alitos_You_lie_moment.html

[ismnotwasm]

8. Ugh

He's grown ass adult, a one of the highest jurists in the country, and he can't like one? Is he drunk?

[geek tragedy]

9. overprivileged federalist society frat boy brat nt

[boston bean]

10. He knows best. White privileged asshole. Nt