The Supreme Court has told one and a half million women who work at Wal-mart, in essence, be grateful you have jobs even if you make less money and get promoted less than men. Now, shut up and go home.
That was the practical upshot of the ruling in the highly-watched case Dukes v. Wal-mart.
I used a similar phrase a short time ago when SCOTUS declined to hear the appeal of the Texas cheerleader who was dismissed from her high school squad for refusing to cheer for the student who had allegedly raped her. The denial of SCOTUS upheld the message sent by the lower courts -- as a cheerleader, you're a hand-picked mouthpiece for the school's message, so you have to say what they tell you to say (even about your attacker) or get out.
Now, in the most activist judicial move I've seen in a long time, the Supreme Court dismissed the class action suit Dukes v. Wal-mart sending that same message to the women of Wal-mart by ruling that a class of 1.5 million plaintiffs was just too big for evidence of gender discrimination to be "common" to all of them -- one of the basic requirements in a class action lawsuit. Few legal watchers, including this one, were surprised at that outcome. But digging deeper into the 5-4 opinion penned by Antonin "the Constitution doesn't protect women against discrimination" Scalia, you'll find that Scalia turned a procedural case into the latest substantive attack on women.