-
sponsorship
David, you ask whether Obama or Clinton will reply to McCain's attack on those beloved bugaboos, activist judges, and, if so, what they should say. I agree, Doug, that throwing the "activist" insult back at Alito and Roberts, as Howard Dean did, is lame. Based on the Obama and Clinton campaigns' responses to my own efforts to report on the candidates' views on appointing judges, and Charlie Savage's, I'd say that each of them if nominated will come up with a decent response. Many of the moving parts are there: concern about executive overreaching, Guantanamo, police power run amok, employee rights, women's rights, the promise of equal protection, a general sense that courts should at times be a refuge for the disadvantaged. What I fear is that the Democratic candidate won't figure out how to make the composition of the courts a rallying cry in the way that McCain is already doing. Republicans are just mostly better at this. Their voters get what's at stake. I'm not sure what it would take for Obama or Clinton to get the same kind of purchase. Thoughts?
In the Philadelphia debate last month, I liked the substance of Obama's answer about the D.C. guns case: He likened the relationship between gun regulation and the right to bear arms in the Second Amendment to zoning ordinances and the protection against takings in the Fifth Amendment—in other words, you can have a constitutional right, and the state can also set reasonable limits on that right. I was annoyed, though, that both he and Clinton made a point of not taking a position on the merits of the case. They said they hadn't read the briefs. Please. Whoever is nominated had better figure out a good response to the court's ruling on the D.C. gun ban when it comes down in June. Because whatever the ruling, it has the potential to make trouble for the Democratic candidate and to make hay for McCain.
-
sponsorship
Last night, Senate Republicans killed the Equal Pay Bill, which would have undone the Supreme Court's bad deed in a case last term called Ledbetter v. Goodyear Tire and Rubber Co. Lily Ledbetter sued Goodyear for sex discrimination because she earned less than men in similar positions--a fact she proved in court. But on appeal, the Supreme Court found that Ledbetter's suit was too late, by setting the clock according to Ledbetter's first unfairly low pay check, rather than the ongoing low salary she continued to receive years later. It didn't matter when she found out she was being shortchanged--only when Goodyear started doing so.
John McCain said Wednesday that he supports "pay equity for women," but opposes the fix for Ledbetter's plight in the Equal Pay Bill because it "opens us up to lawsuits for all kinds of problems." That has a nice anti-litigation ring, but does it make sense? As Rich Ford pointed out in Slate after the Supreme Court's decision, the clear lesson the case holds for employees is "Sue early and often. If you suspect your boss might be discriminating with regard to your pay, you can't afford to wait around until you're sure." The Equal Pay Bill might give rise to more meritorious law suits. But couldn't it also stave off some losers--Rich or anyone else, thoughts? And what does it mean to be for pay equity for women while opposing what's on offer to actually help achieve it?
(Cross posted on Slate's women's blog, XX Factor.)
Join the Fray: our reader discussion forum
What did you think of this article?