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Supreme Court Unanimously Decides Wal-Mart Case on Class Size

Big verdict today. From CNN’s Jeffrey Toobin:

“The Supreme Court has basically said this is too big a case,” Toobin said. “The facts are so different regarding each of the plaintiffs that it’s not fair to Wal-Mart to lump them into one case.” – Toobin: High Court addressed only class size, not discrimination, in Wal-Mart suit

John Nichols from The Nation has a different take:

Now, the U.S. Supreme Court has created a new protected class: The “Too Big for Justice” corporations.

The high court on Monday rejected a massive job discrimination lawsuit against Wal-Mart Stores, Inc., on the grounds that the class-action status that could potentially involve hundreds of thousands of current and former female workers was too large.

In other words, because there is reason to believe that Walmart discriminated against hundreds of thousands of women, as opposed to just a few, the company cannot be held to account for any lawlessness. …

Too big for justice attempts to put this decision in the Wall Street category made famous during the recent financial collapse.

More from Toobin:

The case could be resuscitated, Toobin said, but attorneys would have to “figure out another way to get the courts to consider the possibility that there was enormous gender discrimination at Wal-Mart. That conversation will continue. This lawsuit in its current form will not,” he added, saying the lawsuit could be reconfigured into several smaller lawsuits, which would pose less of a threat to Wal-Mart.

But as of today, Wal-Mart is celebrating.

About Taylor Marsh

Veteran political analyst and author of "The Hillary Effect - Politics, Sexism and the Destiny of Loss," now available in print at Amazon.com, and 1 of 4 books chosen by Barnes and Noble to launch their "NOOK First" Featured Authors Selection program. Former Miss Missouri, Broadway dancer, & relationship consultant at LA Weekly, produced & wrote one woman show "Weeping for JFK."

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3 Responses to Supreme Court Unanimously Decides Wal-Mart Case on Class Size

  1. Joyce Arnold 20 June 2011 at 1:31 pm #

    “Liberty and justice for all” sounds nice, but clearly “justice” is not a “one size fits all” kind of thing.

  2. fangio 20 June 2011 at 4:38 pm #

    This is a corporate leaning court and the democrats helped make it so. With the exception of possibly Ginsberg even the justices installed by Clinton and Obama are not really liberal.

    • SenyorCuevo 21 June 2011 at 9:46 am #

      Did you eeven bother to read any of the stories about the ruling? Yes, the court decided unanimously that the case did not qualify for class action status under technical rules.

      But by the usual 5-4 decision the court made it harder for any future class action suits of this type to be brought. And it is the usual 5 conservatives.

      Making it out to be the Democrats are responsible is absurd.