It's always exciting to see a non-abortion Supreme Court opinion receive front-page press coverage. This week, the case of Ledbetter v. Goodyear has garnered a fair amount of attention both in the news and editorials.
I think that this case, and the outcry against it, demonstrates the all-too-common misunderstanding that politics and the law are a single entity. I submitted the following letter to the NYT this morning (i'm pretty certain they won't publish it):
Dear NYT Editors,
While I do not take issue with the policy advocated in your recent editorial "Injustice 5, Justice 4," I am frustrated with your apparent inability to separate politics from the law. The Civil Rights Act specifically requires employees to file complaints within 180 days of the alleged discriminatory practice. Congress did not include this restriction just so that it could be broadened to the point of irrelevancy by the courts and the E.E.O.C. Instead of castigating the Supreme Court majority and lauding Justice Ginsburg's Scalia-esque rant from the bench, you should call on Congress to revise the law so that it better aligns with what you call the "realities of the workplace." The place for policy-making is and should remain in Congress, not in the Supreme Court, or any court for that matter.
Thank you for your time,
Zachary Williams,
George Washington University Law Student, Washington, DC
While I do not necessarily agree with the policy that stems from the Court's legitimate interpretation of the Civil Rights Act, I do understand the important justification in limiting the ability of employees to sue employers on the often unfounded basis of gender or race discrimination. Also, the Equal Pay Act further protects employees such as Ledbetter in this case who receive lesser pay then their male counterparts merely on the basis of gender.
In general, I believe in a hands-off judicial approach that refuses to usurp the role of lawmaking from the actual elected lawmakers. Obviously, this judicial philosophy is not always appropriate, but in this case, it seems to make a lot of sense.
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