06-22-2011, 04:33 PM
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PW Enlightenment
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Join Date: Oct 2007
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Re: Wal-Mart wins Supreme Court gender-bias class action case
Here's a couple articles you may want to read.
The Founding Fathers Did Not Write The Bill Of Rights To Protect Wal-Mart
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In Wal-Mart’s case, there have been complaints for years of unfair hiring, pay, and advancement opportunities for women, and Justice Ruth Bader Ginsberg said the women should have been allowed to prove their case and that there was evidence that Wal-Mart had problems with female employees. When the lawsuit was filed, Wal-Mart’s female employees held 70% of the hourly jobs but only held 33% of management positions. It is worth mentioning again that 1.6 million women were part of the class in the lawsuit leading any reasonable person to see a pattern of discrimination in pay and advancement for women in the company...
The Supreme Court is tasked with protecting citizen’s rights according to the Constitution, but the current conservative majority is diligently working to protect corporations. The Founding Fathers did not write the Bill of Rights for corporations, and yet for the second time in a year, the conservatives are treating corporations better than individual citizens. Wal-Mart escaped being held accountable for discriminating against women, and although individually the plaintiffs can file new discrimination lawsuits, the prohibitive lawyer fees certainly will curtail any significant action. In any normal High Court action, the court could have reorganized the case into an acceptable class action, but the conservative majority had no interest in the cause of justice for the women, so they ended the lawsuit as a class action once and for all. They also made it nearly impossible for any other class action to come before the High Court if the class is too large or potential damages are too high. The conservatives on the court all but guaranteed that any suit against a corporation will have to be limited to one individual plaintiff so the court can refuse to hear the case...
Americans will have to get used to being ancillary to corporations in the eyes of the Supreme Court even though the Constitution assigns no rights or privileges to corporations. They will also have to accept the fact that this court has no obligation to protect citizen’s rights. Women already know they will be treated as second-class citizens as long as Republicans are allowed to serve in Congress and vote against equal pay for the same job as a man. Although the Supreme Court does not make laws or set policies, this court has consistently distorted their role as protectors of the Constitution and is legislating from the bench for wealthy corporations and the Republican Party. Instead of protecting the Constitution, this Supreme Court is changing the very nature of America into a corporate-controlled government whose sole purpose is the deification of the corporate world at the expense of the people.
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Slippery Justice Scalia Says Women's Rights Are Not Guaranteed by the Constitution
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"In these comments, Justice Scalia says if Congress wants to protect laws that prohibit sex discrimination, that's up to them," she said. "But what if they want to pass laws that discriminate? Then he says that there's nothing the court will do to protect women from government-sanctioned discrimination against them. And that's a pretty shocking position to take in 2011. It's especially shocking in light of the decades of precedents and the numbers of justices who have agreed that there is protection in the 14th Amendment against sex discrimination, and struck down many, many laws in many, many areas on the basis of that protection."
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