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Once again the entire Supreme Court knocks down the Obama administration. Funny, this didn’t seem to make the news. This adds up to over 20 unanimous decisions that went against him. His two Supreme picks apparently are not so ready to move to a totalitarian government. Sweet. Here we go:
The Supreme Court ruled unanimously Wednesday that the Equal Employment Opportunity Commission must make “good faith” efforts to seek reconciliation before it sues a business for discrimination, under Title 7 of the Civil Rights Act. The decision was a strong rebuke to the commission, which had previously asserted that the courts had no jurisdiction over its reconciliation process.
The Chamber of Commerce highlighted the case in a lengthy study published last year that argued the commission under Obama was pursuing a “scorched earth” litigation strategy against employers.The opinion was authored by Justice Elena Kagan, an appointee of President Obama.
The justices struck that ruling down, saying the plain language of the Civil Rights Act of 1964 makes clear that Congress did intend for the courts to have oversight. “Congress rarely intends to prevent courts from enforcing its directives to federal agencies,” Kagan’s opinion stated.”
Congress imposed a mandatory duty on the EEOC to attempt conciliation and made that duty a precondition to filing a lawsuit. Such compulsory prerequisites are routinely enforced by courts in Title VII litigation. And though Congress gave the EEOC wide latitude to choose which ‘informal methods’ to use, it did not deprive courts of judicially manageable criteria by which to review the conciliation process,” the court ruled in the case EEOC v. Mach Mining.
Read more at the The Washington Examiner
Filed under: Supreme Court Tagged: EEOC, Elena Kagan, Kagan, Obama, Supreme Court