She Was Right the First Time

Supreme Court Justice Ruth Bader Ginsburg, recall, commented on NFL quarterback Colin Kaepernick’s kneeling when our national anthem was played before the start of San Francisco 49ers games, saying that Kaepernick and his ilk have the right to protest but that it’s “dumb and disrespectful.”

Now she’s apologizing for saying that, even though she’s done nothing here that wants an apology.  She’s doing so, too, just a short time after she expressed her contempt for Republican Party Presidential candidate Donald Trump, thereby irrevocably demonstrating her prejudice and the fact that she’d prejudged any case that might come before the Court from a Trump administration.

This is another Supreme Court vacancy waiting to happen, and not too long into the next administration.

Disparate Impact

Some folks sued RJ Reynolds Tobacco Co over its hiring policy that

allegedly gave preference to applicants with two to three years of job experience out of college and disfavored those with closer to a decade in the workforce. The company’s guidelines provided to its hiring contractor, according to the ruling, said the greener group of workers “adjusts easily to changes.”

The suit centered on the premise that this policy had a disparate impact on older workers.  In the words of Lee Parks, an employment and civil rights lawyer with Parks, Chesin & Walbert, the policy means that

Those over 40 need not apply[.]

Judge William Pryor, writing for the majority at the 11th Circuit, which heard an appeal from the trial court’s ruling, wrote Indeed.  Disparate impact questions only apply to job holders, not those who’d merely like to hold a job.

Apparently disparate impact as justification for “corrective” action or as a cudgel is good only for some groups of Americans, but those who aren’t currently the favored ones don’t get its use.

This is one more reason to do away with disparate impact as an excuse for anything at all.

A Misbehaving Judge

Federal Judge Nicholas Garaufis went on an epic rant Thursday against the white-shoe firm Kirkland & Ellis for sending a rookie lawyer to defend media giant Facebook against two lawsuits filed by more than 20,000 plaintiffs accusing the social network of facilitating terrorism.

How dare they!?  Don’t they know that Garaufis is important?

He filled in that gap in their knowledge, though.

You tell your folks back at Kirkland & Ellis that if they think so little of this court that they didn’t send a partner here to talk about this kind of problem which implicates international terrorism and the murder of innocent people in Israel and other places.  I think it’s outrageous, irresponsible, and insulting.

I’m important, dammit!

Then he gave away his ruling on the case—developed even before the case had been heard in his august court.

Garaufis suggested that Facebook has a “social responsibility” to solve the problem raised in the suits. But when Burcher blandly replied that a lawsuit was not the proper vehicle, the judge unliked that answer.

“I’ve been a lawyer for 41 years and a judge for 16 years and I’m not having this discussion with you,” he said.

Never mind the importance of that particular discussion in this pretrial conference.  The judge is a very important man, and Facebook’s lawyer just wasn’t a big enough deal to be worthy of His Eminence’s presence.

This is a judge who needs to be removed from the case, and very likely should be removed from the bench.

The Courts’ Role in Law

The New York Court of Appeals, the State’s Supreme Court, has inserted itself into the political debate concerning who is a parent.  It’s entered the moral debate, too, but its ruling is a legal and political one:

New York’s highest court Tuesday upended how the state legally defines parenthood, reversing course on a 25-year-old ruling that had blocked many same-sex couples from seeking the court’s help in custody disputes.

Until now, New York only recognized as parents those with a clear adoptive or biological tie to a child, shutting out those who otherwise may have played a key role in a child’s upbringing.

The court ruled that going forward, a partner can seek visitation and custody if it is shown “by clear and convincing evidence that the parties agreed to conceive a child and to raise the child together.” The court recognized that some people could even deserve custody if they came into a child’s life after the birth, but said now isn’t the time to set a rule for such situations.

The Court justified its ruling in this way:

Tuesday’s decision by the New York Court of Appeals said society has changed in recent decades and that families formed by gay couples need to be protected.

And there’s this by Susan Sommer, an attorney at Lambda Legal:

Finally, New York is bringing its law in line with the reality of thousands of children who need protection for their relationships[.]

No, even if society has changed, this is a political decision that legitimately can be made only by that society—the citizens of New York, themselves or through their elected representatives.  The courts have no proper role to play in the political arena; they have only in a judicial one—which is to apply the law as it’s written (or strike it altogether if they can make the case that the law in question is unconstitutional).  The courts’ role does not include making law from the bench.

On an Ohio Early Voting Ruling

The 6th Circuit has ruled on Ohio’s Golden Week of voting, which allowed an extra week of early voting together with same-day voter registration.  Ohio had withdrawn that week in 2014 legislation, leaving 29 days before November’s formal voting day for voter registration and early voting.  The appellate court, in response to Democrats’ suit and win in trial court, overturned the trial court and allowed the removal of Golden Week to stand.  As a result, Ohioans will have those 29 days, instead of 36 days, in which to register to vote and then to vote.

Democrats had challenged the procedural changes, arguing they imposed disproportionate burdens on African-Americans, who made greater use of the golden-week voting….

How blatantly disingenuous of the Democrats.  That a particular group of Americans uses a week’s early privilege more than other groups of Americans in no way burdens the particular group when they lose that week, given the vast amount of time remaining in which all groups of Americans can exercise their right to register to vote and then to vote.

How insulting of the Democrats toward a particular group of Americans to assume that members of that group are too stupid or lazy to make use of the remaining amount of time to exercise their right to register to vote and then to vote.

How utterly racist of the Democrats to assume that blacks are simply too stupid to use the remaining amount of time to exercise their right to register to vote and then to vote and so need the protection of their Betters to take care of them.