Monday morning the Supreme Court decided that a sex-discrimination lawsuit against Wal-Mart cannot proceed as a class-action suit. Here is the decision in pdf. When I refer to page numbers, I’ll be talking about the pdf page for simplicity’s sake. Buckle in, folks, this is going to be a long ride.
I should start with the usual disclaimer pointing out that I am not a lawyer, nor am I trained in the minutiae of legal language. While following the Prop 8 trial I read a lot of legal briefs and had lawyers helping me to understand them which gives me at least a general feel for how these documents work, but I am not by any stretch an expert nor do I pretend to understand the nuances of legal theory. (It’s also worth mentioning that many papers concerned with Prop 8, especially Amicus Curiae briefs supporting the Defendant-Intervenors, were completely insane. Seriously.) As such I’ll mostly keep my discussion onto parts I more or less understand, more philosophy than legality. On those terms, at least, I feel that I can show that Scalia needs a new title. I propose from now on he be known as “Little Janie Q Scalia”. Read the rest of this entry