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Thread: Lawyers lose

  1. #1

    Lawyers lose

    A good decision for sure.

    The esteemed firm of TJ, Sweet and Tranny begs to disagree, I'm sure.

    Yesterday, a divided Supreme Court announced its decision in Epic Systems Corp. v. Lewis, affirming the principle of private contract over the interests of the class-action legal industry. The ruling implicates not only trial lawyers but also the other great Democratic Party patron, organized labor. Thus, the wailing, tearing out of hair, and rending of garments in the halls of the plaintiffs’ bar and other progressive political havens.
    "Dark humor is like food. Not everyone gets it." - J. Stalin

  2. #2
    INGSOC GURPS's Avatar
    Member Since
    Nov 2012
    Peoples Republic Of Maryland
    Quote Originally Posted by Gilligan View Post
    On January 3, 2012, however, the National Labor Relations Board (NLRB) issued a ruling that class-action waivers in labor-contract arbitration clauses violate employees’ collective-bargaining rights under another federal law, the National Labor Relations Act of 1935 (NLRA).

    color me shocked, under The Obama Administration the NRLB 'suddenly' after 3/4 of a Century comes up with a new outlook

    As Gorsuch’s opinion notes, arguing that two congressional statutes conflict ordinarily requires “a stout uphill climb.” The Supreme Court hesitates to infer that one statute overrides another, absent “a clearly expressed congressional intention.” This hesitance is based in the Court’s respect for Congress as a coordinate branch of government—a branch that knows how to say so when it wants one statute to trump another. As Gorsuch explains:

    Allowing judges to pick and choose between statutes risks transforming them from expounders of what the law is into policymakers choosing what the law should be. Our rules aiming for harmony over conflict in statutory interpretation grow from an appreciation that it’s the job of Congress by legislation, not this Court by supposition, both to write the laws and to repeal them.
    We’re tempted to suggest a conspiracy here — but it’s just liberals agreeing yet again that conservatives have hidden, evil motives, because modern liberals simply can’t conceive of any other reason to disagree with the liberal consensus.

    “Moral precepts are constant through the ages and not obedient to circumstances.”

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