The court just ruled on Nevada Department of Human Resources v. Hibbs. A story covering it can be found at the Washington Post website. I have not yet read the opinion but am rather surprised by the outcome. Synopsis is that the federal government is requiring states to provide the same family leave that is mandated in the private sector. Nevada refused hoping to avoid this based on the recent federalism line of cases protecting state sovereignty. The article says the court found that Congress has ample evidence that women state employees suffered in the workplace when work and family commitments clashed.

Here is what I find most surprising. Renquist wrote the 6-3 decision, with Thomas, Scalia and Kennedy dissenting. I would bet money it played out with O'Conner switching to the liberal side and Renquist was going to be damned if he was going to let Stevens get his hands on this decision. Renquist bit the bullet, voted what he didn't think and maitained the ability to write the majority opinion in a way that would not destroy one of the main legacies of the Renquist court. This is why I think he is one of the most successful chief justices in history.


- posted by Anonymous @ 11:36 AM