Monday, June 09, 2003
Supreme Court
The Supreme Court decided a case today that's a good lesson for those who like to giggle or grouse about that darn liberal Ninth Circuit when that darn liberal Ninth Circuit gets unanimously reversed by the Supreme Court. The case, Desert Palace v. Costa, was previously discussed here at Ignatz. It has to do with the burdens of proof in employment discrimination cases. The Ninth Circuit ruled for the plaintiff, interpreting the law in a way contrary to the way that several other courts had interpreted it. And you know what? The Supreme Court unanimously agreed (pdf opinion) with the Ninth Circuit, unanimously rejecting the views of several other circuits that had ruled in favor of employers; the Ninth Circuit held that those other Circuits had departed from the plain language of the statute. So, next time you hear someone giggling or grousing about liberal jurists ignoring plain statutory language, or about the Ninth Circuit's craziness being demonstrated by a unanimous reversal, think "Costa"!.
posted by sam 10:48 AM 
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(The Return of) Ignatz, by Sam Heldman