Tagged: SCOTUS

my docket still does not show the most recent pleading submitted to the Supreme Court…

Read my September 10, 2015 Application to Stay Extension to Submit Petition for Writ of Certiorari Pending Resolution of July 18, 2015 Motion to Disqualify Loeb & Loeb LLP, or in the Alternative, Application to Exceed Word Limits here:

Exhibits A thru F:

I have a confirmation from USPS that my package was delivered on Monday, September 14, 2015.

For the last two months, Cynthia Rapp and the Clerk of Court have been trying to Kim Davis me. Why would I submit a petition for a writ of certiorari if the Supreme Court cannot even follow its on procedural rules? Without procedural due process, how can I expect the Justices to impartially uphold the law?

“The way to stop discrimination on the basis of race is to speak openly and candidly on the subject of race, and to apply the Constitution with eyes open to the unfortunate effects of centuries of racial discrimination. As members of the judiciary tasked with intervening to carry out the guarantee of equal protection, we ought not sit back and wish away, rather than confront, the racial inequality that exists in our society. It is this view that works harm, by perpetuating the facile notion that what makes race matter is acknowledging the simple truth that race does matter.” — Justice Sonia Sotomayor

Justice Sotomayor stated this in her dissent to the case Bill Schuette v. Coalition To Defend Affirmative Action. Of course, the majority conservative and Republican appoinetd Justices concluded that it was constitutional for the state of Michigan to ban affirmative action in college admissions. It pisses me off that over the last 38 years, it is mostly the Justice of color who has been willing to acknowledge the realities of racism in the 21st century and write a judicial opinion with statements like this. But what good is it if her views on race will always be part of the minority?

Source: Adam Serwer. “Sonia Sotomayor: Court’s Right Wing ‘Out Of Touch With Reality.'” msnbc. http://www.msnbc.com/msnbc/sonia-sotomayor-slams-supreme-court-right-wing-race-matters.

“Today, the Supreme Court continued that tradition in a pair of five-to-four decisions narrowly construing the scope of Title VII’s retaliation and employer liability rules. In University of Texas Southwestern Medical Center v. Nassar, the Court strictly interpreted a statute that Congress enacted to overrule a prior Supreme Court decision, holding retaliation claims to a stricter standard of proof than other forms of discrimination claims. In Vance v. Ball State University, the same majority narrowly defined who counts as a “supervisor” whose discrimination is automatically attributed to an employer. Justice Ginsburg, writing for the Court’s four more liberal Justices, invoked the history of congressional overruling of the Court’s employment discrimination decisions to call upon Congress to once again reverse both decisions issued today.”

There goes that word (“narrowed”) again! Smh! I’m curious to know since 2000, how many employment discrimination and civil rights cases has the Supreme Court ruled in favor of the employee? Given that majority of the justices on the Supreme Court were appointed by Republican Presidents, this  5-4 outcome in favor of employers and corporations will continue to persist in employment discrimination and civil rights related cases until the ideological makeup of the court changes. No matter what the Civil Rights Act of 1964 states or what one argues, the majority white justices always find a way to narrowly apply the statute to the facts of the case —  to the point that over time, the case law becomes ineffective in combating more institutional, systemic and insidious forms of racism and discrimination in the workplace. This is not accidental. Ultimately, the SCOTUS’s decisions in these cases are predetermined due to their overall ignorance and hostility to the civil rights laws of this country. How can this problem be corrected?

Source: Kevin Russell. Court Rules For Employers in Two Employment Discrimination Cases. June 24, 2013. http://www.scotusblog.com/2013/06/court-rules-for-employers-in-two-employment-discrimination-cases/.