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Thursday, March 31, 2005

That Big Government Loving J. O'Connor

--posted by Tony Garcia on 3/31/2005


Here is O'Connor (can we trade her for a real conservative?) showing her expand government realm again. O'Connor delivers the opinion that basically say Title IX (the gender equity in sports regardless of public interest law) now can include retaliation for complaining about inequity.

Sorry, I have to agree with the dissenting opinion. "A claim of retaliation is not a claim of discrimination on the basis of sex."

Additionally the dissent states that if someone asserts that there is an implication of the ability to sue under a law then "the statute itself [should] evince a plain intent to provide such a cause of action."

In other words the law should be specific about what is allowed to be sued under a law.

O'Connor, however, again rules in favor of federal government expansion and encouraging the litigation lottery through ambiguous law.


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