Why Ruth Bader Ginsburg is a Terrible Justice

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In yesterday's Supreme Court decision about pay discrimination, Ginsburg wrote the dissent in which she claimed the majority was wrong because it failed to ignore the plain language of the law.

Title VII, the prevailing federal law, sets a limit at 120 days for filing a claim of illegal pay discrimination. This woman waited longer than that. So the court correctly threw it out.

But Ginsburg argued that the law should not be read as it is written (criticizing the majority's "parsimonious" reading of the law) because it makes it hard for people to sue.

And? It's not the Court's job to care. It's the Court's job to follow the law. But she does not care about the law, she cares about righting a perceived wrong:

Ginsburg said in court Tuesday for the dissenters, "In our view, this court does not comprehend, or is indifferent to, the insidious way in which women can be victims of pay discrimination." She noted that Ledbetter's pay started out comparable to what men were earning but slipped over time.
Translation: so what if the time limit ran out? She was discriminated against!

This type of jurisprudence is offensive to both our democracy and our republic. She disrespects the court by substituting her judgment of what the law should be for theirs, and disrespects the role of the court by trying to legislate.

She is, in my moderately informed opinion, the worst justice in the history of the Supreme Court. slashdot.org

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<pudge/*> (pronounced "PudgeGlob") is thousands of posts over many years by Pudge.

"It is the common fate of the indolent to see their rights become a prey to the active. The condition upon which God hath given liberty to man is eternal vigilance; which condition if he break, servitude is at once the consequence of his crime and the punishment of his guilt."

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This page contains a single entry by pudge published on May 30, 2007 3:49 PM.

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