January 31, 2006

A Preview of Justice Alito

For the last three months we’ve been hearing from Senator Kennedy, PFAW, Knight-Ridder, et al about how Alito is a racist, sexist, homophobe who has never written an opinion in favor of a female or minority in a discrimination lawsuit. Ed Whelan, Stuart Taylor and others have pointed out the flaws and inaccuracies in these statements, but here is another case, filed just today, to add to your list: Jensen v. Potter

The case involves a woman, Anna Jensen, who brought a Title VII lawsuit against her employer, the US Postal Service. The lower court threw out the case, but Alito, for a unanimous three-judge panel, wrote an opinion reversing its decision.

The "little guy" wins this time, because the "little guy" ("little girl"?) has the law on her side, not because she's the more sympathetic party. When are the Democrats going to learn that this is the way the judiciary is supposed to function?

(Thanks to How Appealing for the link.)

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