Sometimes you read something in the newspaper that is too stupid to be believed. Well, Ellen Goodman has one of those moments today. From a piece entitled The transformation of Justice Ginsburg:
The court ruled against Lilly Ledbetter, the one woman among 16 Goodyear supervisors who was paid far less throughout her career. Tough luck, the court said; discrimination suits had to be filed within 180 days after the pay was set.
This time, Ginsburg not only dissented but called upon Congress to change the law and thereby overrule the court.[emphasis added]
The court didn't write the law. The legislature wrote the F-ing law. Of course the legislature can go back and change a law so it acts more equitably. THAT'S WHAT THEY ARE SUPPOSED TO DO! That is what conservative jurisprudence has ALWAYS asked legislatures to do. Conservatives don't want the courts writing the law because that isn't their job. If people don't want the 180 day deadline to be a part of the law, so the SC says, then pass a new version of the law that DOESN'T HAVE A 180 DAY DEADLINE! (Yes, I know. Shocking!) So having Congress act on this matter is not "overturning the court" in any way, shape, or form, as it wasn't the Court that put the 180 day deadline in the law in the first place.
Besides, having legislatures revisit old laws is not a bad idea. It is in fact the way things should have always been done. So Ginsburg isn't making some radical new pronouncement here, as Goodman for some unfathomable reason believes. She is just saying that the legislatures have the power to remedy this bad law. I agree with her on that point. The 180 day deadline seems needlessly restrictive and bad public policy to boot. But notice, both of those opinions (A: the deadline is too restrictive, and B: it makes for bad public policy) belong to the political world; the world of committee hearings, public debate, and votes. You know...the democratic process. However, Ginsburg would have preferred to remedy the situation through judicial fiat, which smacks of nothing but her aristocratic pretensions and delusions of liberal grandeur. Ginsburg is not better than the people. Let the people's representatives make the laws. After all, that is the democratic way.