Ruth Bader Ginsburg, the liberal Supreme Court justice, took the unusual step of reading from the bench her dissent against the Court's recent 5-4 ruling in a case against pay disparity in the workplace. The New York Times' Supreme Court reporter Linda Greenhouse celebrated Ginsburg's activism in her Thursday "Supreme Court Memo," "Oral Dissents Give Ginsburg a New Voice on Court."
"Whatever else may be said about the Supreme Court's current term, which ends in about a month, it will be remembered as the time when Justice Ruth Bader Ginsburg found her voice, and used it.
"Both in the abortion case the court decided last month and the discrimination ruling it issued on Tuesday, Justice Ginsburg read forceful dissents from the bench. In each case, she spoke not only for herself but also for three other dissenting colleagues, Justices John Paul Stevens, David H. Souter and Stephen G. Breyer.
"But the words were clearly her own, and they were both passionate and pointed. In the abortion case, in which the court upheld the federal Partial-Birth Abortion Ban Act seven years after having struck down a similar state law, she noted that the court was now 'differently composed than it was when we last considered a restrictive abortion regulation.' In the latest case, she summoned Congress to overturn what she called the majority’s 'parsimonious reading' of the federal law against discrimination in the workplace….Some might say her dissents are an expression of sour grapes over being in the minority more often than not. But there may be strategic judgment, as well as frustration, behind Justice Ginsburg’s new style. She may have concluded that quiet collegiality has proved futile and that her new colleagues, Chief Justice John G. Roberts Jr. and Justice Samuel A. Alito Jr., are not open to persuasion on the issues that matter most to her."
Whatever happened to the idea of Supreme Court justices simply interpreting the Constitution, whether or not the "issues" matter to them or not politically?
Greenhouse let Ginsburg's liberal allies play up the gender card:
“Professor Liu said that when he read the dissent on Tuesday, it occurred to him that in recounting the workplace travails of the plaintiff, Lilly M. Ledbetter, Justice Ginsburg was also telling a version of her own story. 'Here she is, the one woman of a nine-member body, describing the get-along imperative and the desire not to make waves felt by the one woman among 16 men,' Professor Liu said. 'It’s as if after 15 years on the court, she's finally voicing some complaints of her own.'
“Another of the justice’s friends, Prof. Judith Resnik of Yale Law School, noted that throughout her legal career, Justice Ginsburg has been deeply concerned about questions of access to the courts and the remedial powers of federal judges, themes she has explored in both majority and dissenting opinions.”
Ed Whelan wrote at "Bench Memos" at National Review Online that Greenhouse's article
"is quite comical, though unintentionally so…Greenhouse’s article centers on the fact that Ginsburg has twice this term read her dissents from the bench -- first in April’s partial-birth ruling, then in this past Tuesday’s Title VII ruling (in Ledbetter v. Goodyear Tire ). As Greenhouse puts it, 'To read a dissent aloud is an act of theater that justices use to convey their view that the majority is not only mistaken, but profoundly wrong.'
"I can imagine how a fierce partisan of abortion like Ginsburg could mistakenly regard the Court’s partial-birth ruling as 'profoundly wrong.' But can the Court’s Title VII ruling come anywhere close to meeting that standard? Not even the Washington Post thinks so. In its house editorial today, the Post agrees with Ginsburg’s policy views. But, even without taking note of the precedents on which the majority relied, it regards the statutory question in the case as 'a difficult question' and forms no opinion on who 'had the better reading of the statute.'"
And James Taranto's "Best of the Web" mocked Greenhouse's mind-reading of former Justice Sandra Day O'Connor.
For more New York Times bias, visit Times Watch.
—Clay Waters is the director of Times Watch, an MRC project tracking the New York Times.


















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Just another overrated, self-
June 1, 2007 - 11:16 ET by mattmJust another overrated, self-important, ego-centric Liberal in love with her own voice.
Good gosh I endured this simp
June 1, 2007 - 11:21 ET by bigtimerGood gosh I endured this simple leftist on C-Span yesterday morning I think it was...again.
She is simple.
She is a leftist...in the old NOW crowd, along with ACLU worker Ginsburg.
She acted as if Sleepy Ginsburg doesn't have a voice and never has.
Pathetic.
Earth to Linda...Ginsburg lost...the good guys won...get over it.
Spinning this isn't going to change a thing.
dissent???
June 1, 2007 - 11:21 ET by LionKing"dissent" is just a euphemism for loser.
Is It Not Tim
June 1, 2007 - 11:55 ET by PAPA LIsn't it time for the old battle axe to step down, hasen't she done enough dammage over the years? She needs to be shaken until her eyes bug out. This darling senior makes Warren Burger look like a saint.
Honey go home and have some tea and cookies.
...and have Hillary bake the
June 1, 2007 - 12:17 ET by bigtimer...and have Hillary bake the cookies for ya...after-all, she nominated you....
LMAO!
We will see if BigMouth and L
June 1, 2007 - 12:22 ET by American Rhetoric ReviewWe will see if BigMouth and Lions Share have the same attitude after 08..... HAAAhahahaahaha
Ha...touhce!Nice post.
June 1, 2007 - 12:23 ET by LeonHa...touhce!
Nice post.
Don't take Leon too serious
June 1, 2007 - 12:50 ET by MightyMouthDon't take Leon too seriously ARR. First thing he does is plant his nose squarely up a new moonbats dark hole as soon as he see's anything remotely asanine or irrelevant posted by said moonbat.
"There are two types of people in this country; those who provide freedom and those who enjoy it." MM says...
touche...
June 1, 2007 - 12:55 ET by LionKingbtw, what have the dumbocrats of congress accomplished since they have the majority? ...pulled out of Iraq yet?...sounds like a bunch of lying hypocrites that will promise anything to get elected and then accomplish nothing...kind of like the previous presidential administration.
And like, we are going to, yo
June 1, 2007 - 21:43 ET by Airforce_5_OAnd like, we are going to, you know like, kick their butts in 08, like ya know dude?
<passes bong to Ward Churchill>
After having worked for the A
June 1, 2007 - 11:57 ET by rbosqueAfter having worked for the ACLU, that's not surprising. What's surprising was that Republicans put her on the bench. What would be really shocking to see is a concervative nominated by the Democratic senate.
Speaking of "go along to get along..."
June 1, 2007 - 19:47 ET by nkviking75Republicans have traditionally taken the attitude that the duly elected president is entitled to nominate whoever he wishes. They've rubber-stamped a number of turkeys over the years. The GOP needs to get tougher. They should not be arbitrary, but if there's good reason to think a judge's rulings will be off base, they should vote against them.
When you put the clowns in charge, don't be surprised when a circus breaks out.
Whaaaaaaaaaaaaaaaaaaaaaaaaaaa
June 1, 2007 - 12:09 ET by Airforce_5_OWhaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaa
<sniff,sniff>
YOU GUYS ARE NOT PLAYING MY WAY!!!
Picks up ball and leaves.
Did you actually read her dis
June 1, 2007 - 12:13 ET by LeonDid you actually read her dissent concerning the discrimination suit?
She's was dead on. That was just another ruling by the conservative justices in favor of big business.
In all honesty I have to agre
June 1, 2007 - 12:59 ET by BinxlyIn all honesty I have to agree with Leon. Now Im aware a 100% 'fair' environment in life is impossible due to the fact that someone in power will almost never use it 100% correctly and fairly and objectively. However, I read the actual information on this case and it DOES prove pretty much that she was not only in the lower areas of pay for her position, but she was *below* the lowest paid manager, all who happened to also be male. Now, if it were that she was complaining she deserved something like the top 10% of payment for her position and claimed she wasn't getting it merely due to discrimination, that'd be laughable. However, this woman was underpaid and done so in a tactic so precise that according to how the setup was for litigation for discrimination of pay, it was hard to prove. Rather than being fired or recieving large pay cuts, her payments were marginally smaller each pay period which overtime lead to a big pay discrepancy. She actually won the case before it was overturned on some semantical garbage.
I may dislike what the old lady on the bench believes in for the most part, but this is an example of where dissent *is* acceptable. It is ludicrous to see this as anything other than pay discrimination based on gender.
I respectfully disagree. This
June 1, 2007 - 14:28 ET by KC MulvilleI respectfully disagree. This is what happens when judges apply the law as it is, not as they want it to be. It has to do with what the law says, exactly.
The story is this. Ledbetter was a Goodyear employee since 1979. She had been given poor evaluations, and those evaluations lessened her paycheck. She finally filed a complaint with the EEOC in November of 1998. According to the law, there’s a 180-day reporting requirement. In effect, she could only claim discrimination for the two paychecks that fell within 180 days of her complaint. Ledbetter would have to prove that Goodyear intentionally discriminated against her on those two checks. But the amount of her pay on those checks was merely the continuation of her previous pay rate. Ledbetter was asking the Court to treat those two paychecks as new and separate decisions to discriminate against her. Alito is very clear. Ledbetter wasn’t claiming that her pay was one continuous act of discrimination, and that each paycheck was a brick in the wall. She was claiming that the last two paychecks were deliberate and separate. The Court was sympathetic, but no one imagines that the Goodyear accountants huddled in the back room and made a deliberate decision to screw Ledbetter again.
Ginsburg’s argument holds water, but not law. She argues that the discrimination was an ongoing event, and that each paycheck was a fresh instance. She may be right. But that’s not what Ledbetter argued. Alito’s decision wasn’t an abstraction on what the plaintiff should have argued. It was a precise answer to what the plaintiff actually argued. Ginsburg is asking the Court to overlook that detail and throw out the 180-day rule, on the ground that paycheck discrimination is not something you’d spot right away. You could be discriminated against for a long time and not know it, so why let the employer skate free? I agree with the complaint, but that’s not the law as written.
Well KC, that shut the two morons up
June 1, 2007 - 14:47 ET by SportPoliticsWell KC, that shut the two morons up. They can flitter off to idiot crybaby land, slinking away humiliated. LOL
Gawd, it must be terrible to be a contstantly self-renewing idiot, and get slapped down like that, over and over again.
I guess the fibby libbies decided early on in the Armitage Plame leak that the law doesn't matter one whit, and screw the facts as well, and to heck with what 16 words were said and what they meant.
Man, I can see exactly how the press went off on a wild idiot charade with the demolib morons.
The LAW doesn't matter to these people. They will pick their victim and their devil, and by any means of lies and hatred try to implement their verdict on society and whomever they've concocted in their kookball craniums is their target.
Yes, I guess Ginsburg is one of them. I can actually see her bristling with pride if she had won. If someone told her the 180 period expired long ago, I could see her smarting back "Well that doesn't matter the law is wrong so I made it right."
Yes, that is definitely the impression I get. An arrogant twit more than happy to be a dictator and proud to proclaim it if successful, even in the face of ignoring the law. Not even any sort of other use of law. Just a big fat "so there !"
Whatever, they vote "whatever they think" , and screw it if the law doesn't match their worldview. That's great except for the people who were following the law, and now find Ginsburg and her idiot accomplices want to expost facto make a massive change "because they feel like it".
happened in NJ & Mass
June 1, 2007 - 14:53 ET by LionKingRemember when the NJ incumbent was in trouble. He dropped out and their courts allowed them to run another candidate eventhough it was past the filing deadline. That was a case of judicial abuse.
How about Mass Supreme Court telling the state legislature that they MUST pass a law regarding "same-sex" marriages. Way out of bounds.
I hate judicial activism.
KC,I have to agree, in the bl
June 1, 2007 - 15:35 ET by BinxlyKC,
I have to agree, in the black and white realm of law, and I agree, you need to be stern about it, the law states there is a 180 day policy and admittedly I must've missed the part about her *only* pursuing the case in those two paychecks. I guess my point isn't so much Ginsberg is right, cause in my mind she has yet to be correct law wise and is only correct in this ethics wise, and as you said, that isn't her job. Her job is to enforce the law, not interpret it. If she wants to make a positive change for this, the bench is not the correct place. That being said, I was simply bringing up the point that Leon is valid in Ginsberg's view of the *overall* situation being spot on. The proof is there in the books from '79 up until she retired that not only was she the most underpaid, but also the only female and that the pay discrepancy was more than a mere couple dollars here and there. However, I do agree, in the realm of the supreme court, Alito is correct, and it isn't Ginsberg's duty to change law for her own beliefs, even if they do hold some water. Also, again, admittedly I gaffed on missing the part that the former Goodyear employee was arguing the two last checks, I thought she was arguing discrimination throughout. As many have mentioned, perhaps there should be an exception for cases where such discrepancies are proven *only* when you have a long history of it. Itd be one thing to charge discrimination merely due to two short paychecks, my work has made that mistake multiple times, but I don't go accusing discrimination.
Sport,
I really am sad you would make such judgements based on me simply because I happened to agree with someone whom most people here, and in most cases myself, do not. However, I do realize as from reading KC's post that it did come off as if I was saying Ginsberg has a right to change the law. I apologize for misrepresentation, that was not my point. My point was that her argument that it looked very much like discrimination was correct. Also, I think maybe tone it down a bit, Im not trying to be condescending, and I know when you have jerks that come on here simply to raise trouble, its hard to see who is a troll and who might just peacefully disagree, but your comments were rather 'aggressive' and I would ask before you judge me, read my profile here and if you want to actually know where I stand, instead of attacking me, ask me. If we attack those we disagree with nothing is accomplished. It is very much the reason society today is so polarized and politics so partisan. So much so that there are days where I think I'm the only one willing to meet in the center and discuss haha.
Ginsberg and ethics???
June 1, 2007 - 15:40 ET by LionKing"Ginsberg is right... and is only correct in this ethics wise..."
OMG, you have got to be kidding. Anyone that supports partial-birth abortions does represent the side of ethics. That murderous act is an abomination on the sensibilities of civil human-beings.
Lion, Again, please try an
June 1, 2007 - 18:46 ET by BinxlyLion,
Again, please try and understand what Im saying here. It may not have been clear, but I cant help but wonder if you're simply grabbing on to whatever is left up for interpretation in my post to make me sound like a left winger. I did not say I supported Ginsberg's so-called idea of ethics. what I meant is that she is correct ethic-wise on *this* particular issue. No others. if you read earlier I posted in yesterday's report of people using Fred Thompson's 'liberal stance' on abortion and I had mentioned while I don't think it should be illegal, I *do* believe later term abortion, and abortion on demand should be illegal. I hope that clears up some of the confusion.
When I read posts like yours
June 1, 2007 - 14:35 ET by buddycWhen I read posts like yours I go bananas.
Congress passes laws that provide that employers cannot discriminate against women in promotion and pay etc. They also determine how longer after such discrimination occurs a lawsuit must be filed. It is called a statute of limitation or limitation of action. It is based on a 500 year old view that civil suits should be limited in time so that witnesses and documents etc are still around when the lawsuit is heard. The legislature could pass a law extending that time limit to as virtually as long as they wanted. They have set the time limit.
It is NOT up to the Court to substitute its judgement on what the Statute of Limitations should be. That was the issue in this case.
Should it be longer? Perhaps, but I don't want Ginsberg to set the time limit. That is what Congress is for.
Yes Leon I read her dissent..
June 1, 2007 - 21:22 ET by NickA4944Yes Leon I read her dissent....did you read the what the consenting 5 said...the law Title VII is not unconstitutional and the provision saying that the claimant has 180 days to make a complaint...this was put in by a democratic congress and signed into law by a democratic President...all the Court is saying is that it is a bad provision in an overall good law and if it needs to be corrected (and it should be) it must be done by the Congress...it's something called separation of powers
Ruth finds her buzz
June 1, 2007 - 12:50 ET by Jack BauerWow guys -- talk about Hussy Whipped
It is real simple. It isn't
June 1, 2007 - 14:25 ET by buddycIt is real simple. It isn't a legal matter at all. Ginsberg is not a judge. She is a political activist. The House could easily pass a law changing the statute that limits the filing of these actions. That is ALL this is about. The law clearly says one thing and Ginsberg believes another. The House could extend the time limit, virtually as long as it wants. Why doesn't she resign from the Court and run for Representative?
What is amazing to me is not Ginsberg's comment. We all know her views and background. What amazes me is that we really have 4 members of the court (2 republican appointees) who agree with her. These 4 would tell the legislature that the Court determines statute of limitations and NOT the legislature. That is a disgrace.
Buddy,Look on the bright side
June 1, 2007 - 19:01 ET byBuddy,
Look on the bright side side if we can get one more SCOTUS judge like Ruthie, then we can have Congress close down. (think of the money saved there) After all why bother with all those wordy laws if SCOTUS is just going enforce their opinion of what should be.
Supreme Court, National Security, Borders, Fiscal Restraint, my litmus test for President.