Big verdict today. From CNN’s Jeffrey Toobin:
“The Supreme Court has basically said this is too big a case,” Toobin said. “The facts are so different regarding each of the plaintiffs that it’s not fair to Wal-Mart to lump them into one case.” – Toobin: High Court addressed only class size, not discrimination, in Wal-Mart suit
John Nichols from The Nation has a different take:
Now, the U.S. Supreme Court has created a new protected class: The “Too Big for Justice” corporations.
The high court on Monday rejected a massive job discrimination lawsuit against Wal-Mart Stores, Inc., on the grounds that the class-action status that could potentially involve hundreds of thousands of current and former female workers was too large.
In other words, because there is reason to believe that Walmart discriminated against hundreds of thousands of women, as opposed to just a few, the company cannot be held to account for any lawlessness. …
Too big for justice attempts to put this decision in the Wall Street category made famous during the recent financial collapse.
More from Toobin:
The case could be resuscitated, Toobin said, but attorneys would have to “figure out another way to get the courts to consider the possibility that there was enormous gender discrimination at Wal-Mart. That conversation will continue. This lawsuit in its current form will not,” he added, saying the lawsuit could be reconfigured into several smaller lawsuits, which would pose less of a threat to Wal-Mart.
But as of today, Wal-Mart is celebrating.