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October 22, 1993 - Image 24

Resource type:
Text
Publication:
The Detroit Jewish News, 1993-10-22

Disclaimer: Computer generated plain text may have errors. Read more about this.

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Jewish Groups Watch
Two Court Cases

Washington (JTA) — Jewish
groups are closely watching
two cases argued before the
Supreme Court this week:
one involving civil rights
and the other dealing with
sexual harassment in the
workplace.
Oral argument for the two
cases was heard in a
Supreme Court building
packed with members of the
public and press, who were
interested as much in how
Justice Ruth Bader
Ginsburg would perform
during her second week on
the bench as in the cases
themselves.
The court began its new
term last week with the ad-

Justice Antonin Scalia
challenged his argument
with the assertion that "a
long tradition of common
law" exists disfavoring
retroactivity.
Glen Nager, counsel for
Roadway Express Inc., Ms.
Landgraf's employer and the
defendant in this case,
argued that Congress could
not have wanted the act to
apply retroactively in the
absence of any explicit in-
tent to that effect in the
statute's language.
Mr. Nager said this case
would be easy to decide if
such specific language as to
Congress' intent existed.
"It skipped their mind,"

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dition of Ms. Ginsburg, who
replaces retired Justice
Byron White.
The civil rights case, Lan-
dgraf vs. USI Film, asks
whether the Civil Rights Act
of 1991 applies to cases pen-
ding when the law took
effect.
Jewish groups, which have
long supported civil rights
legislation, are siding with
the plaintiffs in such pen-
ding cases. They argue that
the act should apply to them,
since it amends previous law
by giving them the right to a
jury trial and providing a
method by which they can
collect damages.
Counter to this theory is
the historical preference
against retroactivity of such
laws, which has decades of
precedent in American law.
Eric Schnapper, counsel
for Barbara Landgraf, who
brought a case against her
employer before the enact-
ment of the 1991 law, told
the court the law contains no
specific provision pro-
hibiting its application to
pending cases.

quipped Mr. Scalia in re-
sponse, drawing laughter
from onlookers.
Both the Anti Defamation
League and the American
Jewish Committee filed
briefs supporting Ms. Lan-
dgraf's position in the civil
rights case.
The line of questioning
from the justices Wednesday
made the court's final deci-
sion "very difficult to
predict," said Richard
Foltin, legislative director
and counsel for AJCom-
mittee in Washington.
"The only thing that is
clear is that the justices are
thinking seriously about the
case," he said.
ADL said in a statement
that it believes the
"statutory language of the
act, and the interpretation
given to earlier civil rights
statutes, demonstrate that
the act should be applied
retroactively."
It said that if the act is not
applied retroactively,
"untold thousands will
suffer the unjust dismissal of
their claims."

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