Discussion Board 12.1 – Mackenzie Santiago

The Supreme Court can be considered anti-democratic because it’s members are not elected by the people. Federal judges are appointed by the President and confirmed by the Senate and Supreme Court justices serve for life. Unlike members of Congress or Presidents, voters cannot directly remove them through election. The Founders designed the system this way on purpose. In The Federalist No.10, James Madison argued that pure democracy could become dangerous if temporary majorites acted out of passion or self interest. The framers feared “factions” and believed that government needed institutions to limit majority rule and protect properties, stability and minority rights.

This connects to the role of social class in the early American government. The Constitution was created by wealthy, educated elites who distracted direct democrats and many founders believed ordinary citizens could be too emotional or uninformed to make wise political decisions. This created institutions like the Senate, the Electoral College, The Supreme Court to place political power like in the hands of people who were insulated from popular pressure meaning upper-class and property owning groups had a stronger influence on the government. The Supreme Court acts to democracy it’s independence allows justices to make decisions based on the Constitution instead of public opinion or electoral pressures. Critics argue that it allows unelected judges to overrule the will of the people. The framers wanted balance between democracy and elite control believing that too much direct democracy could threaten stability.

Discussion board 12.1

  1. In the Wal-Mart v. Dukes, the supreme court rejected the class action lawsuit stating the plaintiffs did not meet the requirement of commonality, meaning all members of the lawsuit must share a common legal claim in the same policy or practice. The court argued that the woman that brings this case did not meet that requirement because wal mart did not have a centralized policy of discrimination but instead managers where able to to force discipline over things like promotions or pay. Because of these experience the court basically stated they did not have enough to treat it as a one class lawsuit.

Stephanie Cesar Discussion Board 12.1

  1. The Betty Dukes v. Wal-Mart case, where Betty Dukes set up a class action lawsuit against Walmart for their discriminatory practices towards women. There was pay inequality between men and women, women getting the shorter end of the stick. The Supreme Court decided that the Walmart employees could not proceed as one giant class action lawsuit because they failed the commonality requirement. Commonality means shared experiences or features. It justified that decision by saying the workers had not shown a single companywide policy of discrimination that tied all their claims together. Their situations were too individual to produce one common answer for the whole class.

D.B 12.1

In the Wal-Mart case, the Supreme Court decided against the women and ruled that the lawsuit couldn’t continue as a class action because it didn’t meet the requirement of “commonality.” In a class action, everyone suing must have the same issue in a similar way. The Court said the 1.5 million women had different experiences as they worked in different stores with different managers who made separate decisions about pay and promotions. Because of this, the Court found there was no single answer to explain why all of them were treated unfairly, and there was no clear proof of a company-wide policy of discrimination, only individual actions. The Court also said the case was filed incorrectly because it asked for back pay under the wrong type of class action. Even though there was a lot of evidence suggesting gender discrimination, the Court focused on the legal rules, and the women couldn’t sue together as one group.

Jonathan Kennedy- Discussion Board 12.1

  1. In Wal-Mart v. Dukes, the Supreme Court ruled against certifying over 1 million female employees’ gender discrimination claims against Walmart into a class action suit. The lawsuit focused primarily on gender discrimination regarding compensation and promotions. However, the Court argued that they did not fulfill the requisite conditions in the law to be considered a class member. The Court’s justification was centered on the principle of commonality. Commonality suggests that the class members share a common question of law or fact that can be answered in a singular manner. Antonin Scalia, writing for the majority, argued that the plaintiffs failed to show that Walmart’s general policies of discrimination fractured in the manner that unequal discrimination against women would have occurred in the same manner. Walmart’s discrimination provision allowed regional managers autonomy in organizational discrimination. The Court ruled that, as a consequence, the claims, and the allegations, lacked commonality. In this way, while a myriad of employees may have suffered discrimination, cases would not have been able to be collectively resolved given that they were, in fact, largely disparate in nature. Due to the determinant lack of commonality, the lawsuit could not continue as a class action, and employees were essentially forced to file separate claims.

Discussion Board 12.1

In the Wal-Mart case, the Supreme Court decided that the lawsuit could not move forward as a class-action case. This was a significant decision because more than one million women were involved, making it one of the largest employment discrimination cases in U.S. history . The women claimed that Walmart treated female employees unfairly by paying them less and giving them fewer opportunities for promotion compared to men.

However, the Court did not allow the women to sue together as one group. The main reason for this decision was the legal concept of “ commonality ” . In a class-action lawsuit, everyone involved must share the same basic legal issue. In other words, they need to show that they were affected in a similar way by the same policy or action.

The Supreme Court argued that the women in this case did not meet that requirement. According to the Court, the discrimination was not caused by one clear company-wide policy. Instead, decisions about pay and promotions were made by different managers at different Walmart stores. Because of that, the experiences of the women could vary . Some may have faced discrimination, while others may not have. This made it difficult to show that they all shared the same issue.

As a result, the Court concluded that there was not enough in common to justify a class-action lawsuit . This meant the women would have to file individual cases or smaller group lawsuits instead of moving forward together as one large group.

Overall, this decision shows that the Court focused heavily on legal standards like commonality . At the same time, it raises questions about how difficult it can be to prove large-scale discrimination, even when many people believe they have experienced similar treatment.

Discussion 12.1

The Supreme Court decided in Wal-Mart Stores, Inc. v. Dukes that the women could not move forward with their lawsuit as a class-action case against Walmart and would instead have to file individual lawsuits or smaller group claims. The main reason for this decision was the requirement of commonality which is an important part of class-action lawsuits. Commonality means that all the people in the group must share the same main legal issue and have experienced similar harm that can be solved with one general decision that applies to everyone. In this case, the Court said the women could not show that their experiences of discrimination were all the same or connected in a consistent way. They explained that Walmart did not have one single company-wide policy causing the issue, because decisions about pay and promotions were made by individual store managers rather than a central system. Since each store and manager could make different choices, the Court felt the situations of the women were too different to be handled together in one case. Because of this lack of a shared experience or unified policy, the Court ruled that the case did not meet the standard for a class-action lawsuit.

Discussion Board 12.1- Brittney Coard

  1. What did the Supreme Court decide in the Wal-Mart case? And more importantly, how did it justify its decision? (HINT: the key word here is “commonality” (and how it related to “class-action lawsuit”). Try to understand what this legal term means, as it is key to the court’s decision).

The Supreme Court decided that the women could not continue the case as a class-action lawsuit against Walmart. The Court said there was not enough “commonality,” meaning the women did not all have the same experience of discrimination. For a class-action case, everyone in the group must share a common issue, but the Court felt that each woman’s situation was different depending on their store, manager, and location. Given that there was no clear company-wide policy proving discrimination, the Court said the case could not move forward as one large group.

Discussion Board 12.1

The Supreme Court, in Wal-Mart Stores, Inc. v. Dukes, decided that the case could not move forward as a class-action lawsuit. This meant that the group of women who claimed gender discrimination at Wal-Mart could not sue together as one large class, and instead would have to bring individual claims or smaller, more specific group cases. The Court’s reasoning mainly focused on the idea of “commonality”, which is a requirement for class-action lawsuits. Commonality means that all members of the group must share the same legal issue and have suffered a similar injury that can be resolved through one common answer. In other words, there has to be a single question whose answer would apply to everyone in the case. The Court justified its decision by arguing that Wal-Mart’s employment practices were too decentralized, meaning that decisions about pay and promotions were made by individual managers rather than through a uniform company policy. Because of this, the plaintiffs could not prove that all women were affected in the same way. Overall, the decision shows that for a class-action lawsuit to be approved, it’s not enough to show that a lot of people were affected, there has to be strong proof that they were all affected in the same way by the same policy or practice.

Discussion board 12.1

KEILANY RIVERA

The Supreme Court did not side with the 1.5 million women employees for a few important reasons. One of the main issues was a technical problem in how the lawsuit was filed. The women brought the case as a Rule 23(b)(2) class action, which is meant for situations where a group is asking for changes in company policies. However, they also asked for back pay, which falls under Rule 23(b)(3). Because of this, the case became inconsistent in how it was legally structured.

Another major issue was “commonality,” which is required for a class action lawsuit. A class action means a large group of people sue together because they share a similar legal claim. The women argued that they all experienced discrimination at Walmart, but Justice Scalia explained that it is not enough to share a general issue. The group must also share a common solution. Since the women were affected in different ways by different managers, in different stores, and under different circumstances the Court decided there was not enough similarity to treat them as one unified class.

This interpretation is important because it makes it harder for large groups to bring class action cases. It suggests that unless both the problem and the solution are very closely shared, a class action lawsuit may not be allowed to move forward.