Judges against telepathists
Judges against telepathists
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Liberals predict that the conservative majority of the Supreme Court will rewrite laws according to their political preferences. Then, someone should point out that the conservatives behaved this week as if the laws had the meaning they have, regardless of the outcome of the policy.
In Fire District of Mount Lemmon v. GuidoThe court ruled unanimously Tuesday that small municipal employers could be sued under federal law for age discrimination. The case involved two dismissed firefighters from Mount Lemmon, Arizona, who said their employer violated the Age Discrimination in Employment Act. That law defines the "employer" as a person "involved in an industry that affects commerce that has twenty or more employees," and the term "also means (1) any agent of that person, and (2) a state subdivision or one state policy. "
The Mount Lemmon Fire District argued that it is not an employer under the law because it employs fewer than 20 workers. But as Judge Ruth Bader Ginsburg wrote for the majority, "the ordinary meaning of '' also means' it is additive rather than clarifying. '' The Conservatives of the Court agreed with the Liberals, although the decision may subject the cities to more litigation.
The Court on Monday also heard oral arguments in Virginia Uranium Inc. v. Warren, which questions Virginia's moratorium on uranium mining in 1983. The owners of a uranium deposit in south-central Virginia claim that the ban on state mining is nullified by the regulation of the nuclear power law of the radiation safety for mills and tailings.
While states have almost a carte blanche to regulate mining within their borders, landowners say the legislature was motivated by the safety of uranium processing, not mining. But this is reading a legislative intent not supported by the text.
As Judge Neil Gorsuch reflected, "Let's not get into trouble ... Guess what are the motivations of a state legislature and all the methodological, epistemological and federalism issues that arise?" A problem with divine legislative intent, as noted Judge Elena Kagan, is that the courts can act in different ways in identical state laws. Simply "because the legislative history was different."
The president of the court, John Roberts, raised a hypothesis in which some legislators affirmed that prohibiting mining "is an excellent way to keep nuclear energy out of the state. What is the purpose of that legislation? How is that question analyzed? "Judge Sonia Sotomayor intervened:" Is this going to require the deposition of all the legislative members? "All the good questions.
The work of the judiciary is not to be legislative readers. As Judge Gorsuch noted, the Court has allowed investigations into legislative intent in the narrow context of the application of the Fourteenth Amendment. However, the left has abused this exception to argue that there is racial discrimination behind all types of state laws applied in a neutral manner, including voter identification requirements and prohibitions on local minimum wages.
Respecting the uranium moratorium in Virginia may make it more difficult to challenge state actions that impede the development of minerals such as the veto of a natural gas pipeline by New York Governor Andrew Cuomo, on the pretext of protecting the water supply of the state. But it will be a victory for judicial modesty if the Liberals join the Conservatives to agree that deducting legislative intent is a rabbit hole that judges should not be looking for.
It appeared on November 7, 2018, print edition.
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