Wednesday, May 30, 2007

A Star is Born?

As predicted once Samuel Alito was confirmed, the Supreme Court continues its march to the right, but no one could have predited that the beneficiary would be an increasingly irritated Ruth Bader Ginsburg--a superstar in the making.

In Ledbetter v. Goodyear Tire & Rubber Co., Inc. the justices determined (by the unsurprising 5-4 breakdown) that a woman's sexual discrimination suit against her employers was not filed in a timely fashion and was dismissed. The dispute concerns when exactly the discriminatory act happened.

Pundits argue that this decision--along with the ruling on partial birth abortion--was a consequence of Sandra Day O'Oonnor's retirement and replacement with the more conservative Alito. Ruth Bader Ginsburg is the court's lone female and is none too pleased with that fact:

"The word I would use to describe my position on the bench is
'lonely,' "Ginsburg told USA Today this year. Asked what
difference O'Connor's departure would make, Ginsburg said
only: "This term may be very revealing."

She sees this as a blow to her efforts, shared by O'Connor, to make it more difficult to treat women unequally before the law. Commentators made note of the fact that he not only wrote the dissenting opinion, she read it from the bench--which is how SC Justices show that they're ticked off. They predict that her stature may increase as a result. Expect more dissents read from the becnh.

The political fallout--if there is one--will be interesting to watch. Will women shift more to the Democrats in order to bolster their civil rights? Nothing mobilizes like loss. Polls should tell us whether this is occurring relatively soon. Democrats are already pledging to change the law in question to allow for such lawsuits to go forward, a direct responce to Ginsburg's plea.