Supreme Court Makes Sense... Twice

The Supreme Court issued an historic end-of-term decision on class actions by ruling against a massive sex-discrimination suit lodged against Wal-Mart Stores Inc.


It was the biggest such case ever and a huge victory for Wal-Mart and for American business. And the ruling was unanimous, a big blow for the trial lawyers who make a living trolling for grievances against corporate America.


Wal-Mart is the largest private employer in the nation. The Court agreed that the suit violated federal rules. The suit was reported by news sources to have involved more than one million female employees who claimed that Wal-Mart was paying them or had paid them less than men and was giving them or had given them fewer promotions.


The Court accepted Wal-Mart’s position that the female employees in different positions at roughly 3,400 different Wal-Mart stores nationwide, many with different supervisors, do not have enough in common to be collected in a single class-action suit.


This is a good ruling at a time when business in America is under constant assault from the left. Because every business can be charged with some kind of nuisance case by some person with a grievance who sees a potential payout by cooperating with a trial lawyer. And every one of these lawyers is a liberal Democrat.


For instance, “women” are always saying that “men make more money”. So that would seem to be the basis for legal action over and over. But this is not true. Carrie Lucas, writing in the Wall Street Journal online explained the truth:


The Department of Labor’s Time Use survey shows that full-time working women spend an average of 8.01 hours per day on the job, compared to 8.75 hours for full-time working men. One would expect that someone who works 9% more would also earn more. This one fact alone accounts for more than a third of the wage gap.


Choice of occupation also plays an important role in earnings. While feminists suggest that women are coerced into lower-paying job sectors…  Women gravitate toward jobs with fewer risks, more comfortable conditions, regular hours, more personal fulfillment and greater flexibility. Simply put, many women—not all, but enough to have a big impact on the statistics—are willing to trade higher pay for other desirable job characteristics.


Men, by contrast, often take on jobs that involve physical labor, outdoor work, overnight shifts and dangerous conditions (which is also why men suffer the overwhelming majority of injuries and deaths at the workplace). They put up with these unpleasant factors so that they can earn more.


Recent studies have shown that the wage gap shrinks—or even reverses—when relevant factors are taken into account and comparisons are made between men and women in similar circumstances. In a 2010 study of single, childless urban workers between the ages of 22 and 30, the research firm Reach Advisors found that women earned an average of 8% more than their male counterparts. Given that women are outpacing men in educational attainment, and that our economy is increasingly geared toward knowledge-based jobs, it makes sense that women’s earnings are going up compared to men’s.’ (end of excerpt)


Kudos for the Supreme Court decision on Wal-Mart which is a good company that serves tens of millions of American consumers, and should not be harangued by lawyers and their malcontent clients.


In another case, the Court ruled out – again unanimously – a federal lawsuit by states and conservation groups seeking to force curbs in so-called ‘greenhouse gas’ emissions from electricity-generating power plants.


The states were California, Connecticut, Iowa, New Jersey, New York, Rhode Island, Vermont and Wisconsin, although New Jersey and Wisconsin withdrew from the suit after Republicans were elected governor.


The Court ruled that the authority to seek reductions in emissions sits with the federal Environmental Protection Agency which is planning to issue new regulations by 2012 to reduce power plants’ emissions of so-called ‘greenhouse gases’. These include carbon dioxide or CO2 which is a natural component of the atmosphere, and always has been.


Carbon dioxide is the compound that humans and animals ‘breathe out’ and that power plants emit when burning coal or natural gas. CO2 also is produced in astronomical global quantities by the decay of dead or dying plant matter and trees on every continent.


Living plants, trees and crops then ‘breathe in’ or ‘fix’ CO2 in order to create plant mass or wood through the ‘carbon’ (the C) part. In other words, CO2 is the “food” for all plant growth that always has been in the atmosphere and without which plants, trees and crops would all die. Oxygen (O2) is then expelled.


The Supreme Court decision certainly sounds like a good ruling and on the surface it is. But still the federal government via EPA is planning to proceed with regulations on CO2 which puts the future of the economy in the hands of Washington bureaucrats, a clear danger to our future freedom and prosperity.


It is time for Americans to come to their senses and to rise up against the over-regulating classes in America and to expose the lies of the environmentalist left over everything from ‘global warming’ to the alleged dangers of naturally occurring ‘greenhouse gases’ like CO2.


Please visit my website at www.nikitas3.com for more. You can read excerpts from my book, Right Is Right, which explains why only conservatism can maintain our freedom and prosperity.