# I told you Alito was an asshole ... **URL:** \ **Category:** The BBQ Pit\ **Created:** [June 23, 2006, 12:36pm UTC](https://boards.straightdope.com/t/i-told-you-alito-was-an-asshole/361848 "2006-06-23T12:36:19Z")\ **Posts on this page:** 20\ **Page:** 1
**Author:** ![Evil\_Captor](https://avatars.discourse-cdn.com/v4/letter/e/f17d59/32.png) [@Evil\_Captor](https://boards.straightdope.com/u/Evil_Captor)\ **Post date:** [June 23, 2006, 12:36pm UTC](https://boards.straightdope.com/t/i-told-you-alito-was-an-asshole/361848/1 "2006-06-23T12:36:19Z")
Yesterday the Supreme Court voted, by an 8-1 majority, that businesses can’t take reprisals against employees who complain about discrimination on the job. The case involved a woman employed by the railroad who complained about being sexually harassed by her supervisor. She was not fired or demoted, but her work assignment was changed to other, more physically challenging work that eventually injured her and put her on disability. The Supreme Court said this kind of shit is a no-no. The sole dissenter: Judge Alito. Hell, even that old asshole Scalia did the right thing here, but not Alito. What a piece of filth! All you conservatives out there who defended the bastards: I tolja so. I expect to have many, many other opportunities to make comments along these lines in the next few years. ---
**Author:** ![Frank](https://avatars.discourse-cdn.com/v4/letter/f/3d9bf3/32.png) [@Frank](https://boards.straightdope.com/u/Frank)\ **Post date:** [June 23, 2006, 1:07pm UTC](https://boards.straightdope.com/t/i-told-you-alito-was-an-asshole/361848/2 "2006-06-23T13:07:16Z")
I only hope that no other justices leave the court before January 20, 2009. ---
**Author:** ![Weirddave](https://avatars.discourse-cdn.com/v4/letter/w/919ad9/32.png) [@Weirddave](https://boards.straightdope.com/u/Weirddave)\ **Post date:** [June 23, 2006, 1:14pm UTC](https://boards.straightdope.com/t/i-told-you-alito-was-an-asshole/361848/3 "2006-06-23T13:14:09Z")
> [@Frank](#): > > I only hope that no other justices leave the court before January 20, 2009. Do you think you’ll really be happier with whoever McCain appoints after that? ---
**Author:** ![Airman\_Doors\_USAF](https://avatars.discourse-cdn.com/v4/letter/a/e36b37/32.png) [@Airman\_Doors\_USAF](https://boards.straightdope.com/u/Airman_Doors_USAF)\ **Post date:** [June 23, 2006, 1:23pm UTC](https://boards.straightdope.com/t/i-told-you-alito-was-an-asshole/361848/4 "2006-06-23T13:23:29Z")
> [@Evil Captor](#): > > Yesterday the Supreme Court voted, by an 8-1 majority, that businesses can’t take reprisals against employees who complain about discrimination on the job. The case involved a woman employed by the railroad who complained about being sexually harassed by her supervisor. She was not fired or demoted, but her work assignment was changed to other, more physically challenging work that eventually injured her and put her on disability. Do you have a cite? Not that I’m defending Alito per se, but without the circumstances the fact that she was not fired or demoted but placed in another job and she then got hurt does not constitute reprisal. Obviously most of the Supreme Court disagrees with that, and I’m interested as to why. ---
**Author:** ![Frank](https://avatars.discourse-cdn.com/v4/letter/f/3d9bf3/32.png) [@Frank](https://boards.straightdope.com/u/Frank)\ **Post date:** [June 23, 2006, 1:33pm UTC](https://boards.straightdope.com/t/i-told-you-alito-was-an-asshole/361848/5 "2006-06-23T13:33:31Z")
> [@Weirddave](#): > > Do you think you’ll really be happier with whoever McCain appoints after that? 😃 That said, yes, I expect I would be. Though I would never vote for McCain (shouldn’t say never, but it would take an astonishingly bad Democrat for me to do so), he is, at least, a principled conservative whose actions appear to be based more on “What is good for the country?” rather than on “What is good for me?” ---
**Author:** ![Campion](https://avatars.discourse-cdn.com/v4/letter/c/4491bb/32.png) [@Campion](https://boards.straightdope.com/u/Campion)\ **Post date:** [June 23, 2006, 1:45pm UTC](https://boards.straightdope.com/t/i-told-you-alito-was-an-asshole/361848/6 "2006-06-23T13:45:27Z")
If you’re talking about \*[Burlington N. & S.F. R. Co. v. White\*](http://www.law.cornell.edu/supct/html/05-259.ZS.html), the decision was unanimous. I’ve linked to the syllabus, but at the top of the page, you can click on links to Breyer’s opinion and Alito’s concurrence. A concurrence is not a dissent; that is, Justice Alito agreed with the majority’s judgment (that White had been retaliated against in violation of Title VII when, following her complaints about her supervisor, she was suspended without pay then demoted from forklift operator to floor worker), but he disagreed with part of the majority’s reasoning. Ultimately, however, he reaches the same result under different reasoning: > [@](#): > > Concurrence by **Justice Alito** > Applying this interpretation, I would affirm the decision of the Court of Appeals. The actions taken against respondent—her assignment to new and substantially less desirable duties and her suspension without pay—fall within the definition of an “adverse employment action.” > > With respect to respondent’s reassignment, Ellerth specifically identified a “reassignment with significantly different responsibilities” as a “tangible employment action.” 524 U. S., at 761. Here, as the Court of Appeals stated, “\*n essence, … the reassignment was a demotion.” 364 F. 3d 789, 803 (CA6 2004). The “new position was by all accounts more arduous and ‘dirtier,’ ” ibid., and petitioner’s sole stated rationale for the reassignment was that respondent’s prior duties were better suited for someone with greater seniority. This was virtually an admission that respondent was demoted when those responsibilities were taken away from her. > > ``` > I would hold that respondent’s suspension without pay likewise satisfied the materially adverse employment action test. Accordingly, although I would hold that a plaintiff asserting a §704(a) retaliation claim must show the same type of materially adverse employment action that is required for a §703(a) discrimination claim, I would hold that petitioner met that standard in this case, and I, therefore, concur in the judgment. > > ``` In other words, Alito is complaining about the majority’s interpretation of statutory language. I find it fascinating that he couldn’t get Scalia on board for that, since he’s making what amounts to a linguistic argument. Or perhaps the Supreme Court issued a different decision yesterday regarding employement discrimination? I only saw that one (and prisoner litigation, immigration, and criminal law). ---
**Author:** ![aldiboronti](https://avatars.discourse-cdn.com/v4/letter/a/9fc348/32.png) [@aldiboronti](https://boards.straightdope.com/u/aldiboronti)\ **Post date:** [June 23, 2006, 1:49pm UTC](https://boards.straightdope.com/t/i-told-you-alito-was-an-asshole/361848/7 "2006-06-23T13:49:13Z")
Any idea what the reason for the dissent was? I suspect it was a little more than, “I’m an asshole, and I think employers should be allowed to dump on employees who annoy them.” I think I’ll withhold my judgement for the moment. ---
**Author:** ![Evil\_Captor](https://avatars.discourse-cdn.com/v4/letter/e/f17d59/32.png) [@Evil\_Captor](https://boards.straightdope.com/u/Evil_Captor)\ **Post date:** [June 23, 2006, 1:49pm UTC](https://boards.straightdope.com/t/i-told-you-alito-was-an-asshole/361848/8 "2006-06-23T13:49:34Z")
Here’s your cite, Airman Doors and, well, [color me wrong.](http://freeinternetpress.com/modules.php?name=News&file=article&sid=7320) turns out it was a unanimous decision. (Er, I’m sure Scalia will do OTHER nasty things, and maybe be the only one doing it, he just pulled a sneaky move by not doing it this time. But just you wait …) ---
**Author:** ![Evil\_Captor](https://avatars.discourse-cdn.com/v4/letter/e/f17d59/32.png) [@Evil\_Captor](https://boards.straightdope.com/u/Evil_Captor)\ **Post date:** [June 23, 2006, 2:07pm UTC](https://boards.straightdope.com/t/i-told-you-alito-was-an-asshole/361848/9 "2006-06-23T14:07:06Z")
Mods, given the fact that Alito didn’t vote as I thought he did, if you want to close the thread or rename the titile something along the lines of “Alito actually an OK guy on discrimination case, amazingly enough” feel free. Or you can leave it as is, as a reminder that even a poster as exalted as myself can make a mistake. ---
**Author:** ![Giraffe](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/giraffe/32/129_2.png) [@Giraffe](https://boards.straightdope.com/u/Giraffe)\ **Post date:** [June 23, 2006, 4:31pm UTC](https://boards.straightdope.com/t/i-told-you-alito-was-an-asshole/361848/10 "2006-06-23T16:31:28Z")
> [@Evil Captor](#): > > Mods, given the fact that Alito didn’t vote as I thought he did, if you want to close the thread or rename the titile something along the lines of “Alito actually an OK guy on discrimination case, amazingly enough” feel free. Or you can leave it as is, as a reminder that even a poster as exalted as myself can make a mistake. Well, we’re not going to change the title, as that would disrupt the space-time continuum. It’s like the old saying: mods who change history are doomed to get a lot of reported posts. Or something. I also think it’s a bit early to close it, as people may still want to come call you an asshole for being wrong. So, in summary, I am not going to do anything. ---
**Author:** ![UncleBeer](https://avatars.discourse-cdn.com/v4/letter/u/977dab/32.png) [@UncleBeer](https://boards.straightdope.com/u/UncleBeer)\ **Post date:** [June 23, 2006, 4:42pm UTC](https://boards.straightdope.com/t/i-told-you-alito-was-an-asshole/361848/11 "2006-06-23T16:42:05Z")
> [@](#): > > I also think it’s a bit early to close it, as people may still want to come call you an asshole for being wrong. Well, I don’t really wanna call him an asshole - yet. It could have been an honest mistake. I _am_ kinda curious where he got his info from, though. ---
**Author:** ![Bricker](https://avatars.discourse-cdn.com/v4/letter/b/977dab/32.png) [@Bricker](https://boards.straightdope.com/u/Bricker)\ **Post date:** [June 23, 2006, 5:30pm UTC](https://boards.straightdope.com/t/i-told-you-alito-was-an-asshole/361848/12 "2006-06-23T17:30:04Z")
> [@Evil Captor](#): > > Mods, given the fact that Alito didn’t vote as I thought he did, if you want to close the thread or rename the titile something along the lines of “Alito actually an OK guy on discrimination case, amazingly enough” feel free. Or you can leave it as is, as a reminder that even a poster as exalted as myself can make a mistake. I was all set to post a scathing commentary on your ability to read a judicial decision… but you’ve taken the wind out of those sails now, dang it. ---
**Author:** ![Evil\_Captor](https://avatars.discourse-cdn.com/v4/letter/e/f17d59/32.png) [@Evil\_Captor](https://boards.straightdope.com/u/Evil_Captor)\ **Post date:** [June 23, 2006, 5:57pm UTC](https://boards.straightdope.com/t/i-told-you-alito-was-an-asshole/361848/13 "2006-06-23T17:57:26Z")
> [@UncleBeer](#): > > Well, I don’t really wanna call him an asshole - yet. It could have been an honest mistake. I _am_ kinda curious where he got his info from, though. I THOUGHT I heard it on NPR driving home yesterday. Clearly I did not. There was an 8-1 decision involving the deportation of a Mexican man who lived in the United States for 20 years and claimed he should not be subject to 1996 restrictions on immigrants. Maybe I got them concatenated. But I could swear I heard specifically that Scalia was the standout, and I don’t think he would have stood out on that one. ---
**Author:** ![Evil\_Captor](https://avatars.discourse-cdn.com/v4/letter/e/f17d59/32.png) [@Evil\_Captor](https://boards.straightdope.com/u/Evil_Captor)\ **Post date:** [June 23, 2006, 5:59pm UTC](https://boards.straightdope.com/t/i-told-you-alito-was-an-asshole/361848/14 "2006-06-23T17:59:09Z")
> [@Bricker](#): > > I was all set to post a scathing commentary on your ability to read a judicial decision… but you’ve taken the wind out of those sails now, dang it. Well, even if I hadn’t posted in time, it’s lucky for me Giraffe came along and gave me that excuse about the space-time continuum leaking … it was a space-time continuum thing … that’s what it was … ---
**Author:** ![UncleBeer](https://avatars.discourse-cdn.com/v4/letter/u/977dab/32.png) [@UncleBeer](https://boards.straightdope.com/u/UncleBeer)\ **Post date:** [June 23, 2006, 6:04pm UTC](https://boards.straightdope.com/t/i-told-you-alito-was-an-asshole/361848/15 "2006-06-23T18:04:55Z")
> [@Evil Captor](#): > > I THOUGHT I heard it on NPR driving home yesterday. Clearly I did not. There was an 8-1 decision involving the deportation of a Mexican man who lived in the United States for 20 years and claimed he should not be subject to 1996 restrictions on immigrants. Maybe I got them concatenated. But I could swear I heard specifically that Scalia was the standout, and I don’t think he would have stood out on that one. Ah, that sounds like an understandable mistake. ---
**Author:** ![ENugent](https://avatars.discourse-cdn.com/v4/letter/e/4af34b/32.png) [@ENugent](https://boards.straightdope.com/u/ENugent)\ **Post date:** [June 23, 2006, 6:30pm UTC](https://boards.straightdope.com/t/i-told-you-alito-was-an-asshole/361848/16 "2006-06-23T18:30:53Z")
The dissent in the immigration case was [Stevens, not Scalia](http://www.scotusblog.com/movabletype/archives/2006/06/more_on_todays_3.html). ---
**Author:** ![kaylasdad99](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/kaylasdad99/32/3398_2.png) [@kaylasdad99](https://boards.straightdope.com/u/kaylasdad99)\ **Post date:** [June 23, 2006, 8:01pm UTC](https://boards.straightdope.com/t/i-told-you-alito-was-an-asshole/361848/17 "2006-06-23T20:01:49Z")
> [@ENugent](#): > > The dissent in the immigration case was [Stevens, not Scalia](http://www.scotusblog.com/movabletype/archives/2006/06/more_on_todays_3.html). AND, in the space-time continuum track I inhabit, the thread title was about _Alito_, not Roberts or Scalia. 😕 ---
**Author:** ![EddyTeddyFreddy](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/eddyteddyfreddy/32/18796_2.png) [@EddyTeddyFreddy](https://boards.straightdope.com/u/EddyTeddyFreddy)\ **Post date:** [June 23, 2006, 8:11pm UTC](https://boards.straightdope.com/t/i-told-you-alito-was-an-asshole/361848/18 "2006-06-23T20:11:52Z")
You people need to get your space-time continuums straight. :dubious: ---
**Author:** ![saoirse](https://avatars.discourse-cdn.com/v4/letter/s/5daacb/32.png) [@saoirse](https://boards.straightdope.com/u/saoirse)\ **Post date:** [June 23, 2006, 8:31pm UTC](https://boards.straightdope.com/t/i-told-you-alito-was-an-asshole/361848/19 "2006-06-23T20:31:17Z")
He would hold that a plaintiff asserting a §704(a) retaliation claim must show the same type of materially adverse employment action that is required for a §703(a) discrimination claim? That bastard! Motherfuck him!1! Now see what you got when you elected BUSH??/?? ---
**Author:** ![flight](https://avatars.discourse-cdn.com/v4/letter/f/bbce88/32.png) [@flight](https://boards.straightdope.com/u/flight)\ **Post date:** [June 23, 2006, 8:47pm UTC](https://boards.straightdope.com/t/i-told-you-alito-was-an-asshole/361848/20 "2006-06-23T20:47:07Z")
> [@Evil Captor](#): > > I THOUGHT I heard it on NPR driving home yesterday. Clearly I did not. There was an 8-1 decision involving the deportation of a Mexican man who lived in the United States for 20 years and claimed he should not be subject to 1996 restrictions on immigrants. Maybe I got them concatenated. But I could swear I heard specifically that Scalia was the standout, and I don’t think he would have stood out on that one. You are right. I heard 8-1 on that case this morning. They did not specifically mention Alito though. [Next page](https://boards.straightdope.com/t/i-told-you-alito-was-an-asshole/361848.md?page=2)