ncMindy
Dec 28 2005, 09:36 PM
Thanks Judy, interesting.
judykratochvil
Dec 29 2005, 11:39 AM
You are very welcome. I think everyone should take a good look at these.
Key #1 look for the phrase sovereign immunity in reference to state's rights. He has an odd interpretation of the Ninth Amendment that ssays a citizen of a state that works for that state's government cannot sue when a congressional statute clearly states that they can because the purpose of the statute is to mitigagate the problem of discrimination against women with reguard to medical leave. The Ninth amendment clearly gives the citizen of a state the right to sue their own state govenrment and the statute just enforces that and is allowed to because congress has the power to make all laws necessay and proper to enforce the amendment. Alito seems to view an extremely narrow role for congress that even the founders did not envision.
Key #2 Decisions about descriminiation, especially Bray v Marriott, are spacey and forget to look at the facts. In Bray Alito was the lone dissenter calling for not a reexamination of facts that existd and a new trial to expose facts, but simply to apply a two prong test. He argued that the court should have granted summary judgement. This decision is not pro-employer, anti-civil rights, or pro-law. It doesn't even consider the facts an therefor comes across as mere dicta, the judge speaking his mind.
More keys to come as I plow the cases.