osewalrus (osewalrus) wrote,
osewalrus
osewalrus

A Quick Win

Congress reversed the Supreme Court decision interpreting the Equal Employment Opportunity Act statute of limitations. the Supreme Court had held that the clock starts ticking from the actionable event, rather than applying a "discovery" rule.

There is nothing intrinsicly right or wrong about which one to apply as a general case. Statutes of limitation are designed to prevent claims from becoming stale and to provide reasonable certainty in the conduct of one's affairs. The question of whether to apply a discovery rule (starting the clock from when a plaintiff could reasonably have discovered the facts giving rise to a cause of action) is one of equity.

What is significant here was that this became something of a distinguishing point between the Rs and the Ds and was potentially influential to some women voters in selecting Obama (who supported the legislation last time) to McCain (who voted against). My own feeling is that this was more about corporate interest v. individual interest than male prerogative -- which is not an improvement in my opinion.

Still, getting it passed and signed quickly is a useful symbolic victory with actual consequences.

I also note that Obama remains ridiculously popular, even in heavily Republican states. We shall see how this impacts voting in Congress and wheather the Republican/conservative punditry strategy of using the same playbook from the last 20 years will backfire.
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