Wednesday, October 08, 2008

Scalia is back in the lead

So as you may be able to tell, I periodically read Supreme Court oral arguments to break up the monotony of whatever notes I'm typing or story I'm writing.

Scalia has regained the lead for his question today in Crawford v. Metro, the case out of Nashville in which an employer argued a woman who spoke out in an internal sexual harassment investigation is not protected under Title VII because she did not file a "formal complaint." (cert petition here)

Well the justices were peppering the attorney arguing for Crawford, posing all these hypotheticals about what would and wouldn't be protected under Title VII.

And Scalia takes it here:
What if -- what if I am indeed very much in favor of sexual harassment? I am a world class sexual harasser, but I'm also not a liar, and I'm -- I am subpoenaed or called up by the employer in connection with this internal investigation and asked whether so-and-so harassed a particular worker. And I'd say, yes, as a matter of fact, he did, and a good thing too.
Is that expressing opposition?

No comments: