You see, back in August 2002, an eleven-judge en banc panel of the Ninth Circuit ruled 7-4 that direct evidence of discrimination was not required for a plaintiff to possess a valid mixed-motive sex discrimination claim under Title VII. The Ninth Circuit's more liberal judges were among the seven, and its more conservative judges were among the four. And all other circuits to have considered the question had resolved it contrary to the result the en banc Ninth Circuit majority reached. Yesterday, however, in a unanimous opinion written by Justice Clarence Thomas, the Supreme Court ruled that the en banc Ninth Circuit majority had arrived at the correct result. I kid you not.
12 June 2003
Should I be bothered that although I am not a law student, i still chuckle when How Appealing writes:
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