C'mon Justice Scalia, You Were My Hero

Just what in the wide, wide world of sports is going on here? My personal hero, Justice Scalia went off the deep end in the Opinion: Meacham v. KAPL, Inc. today and caused me to re-think my entire world view. Perhaps those justices in the majority forgot the 1895, “Coffin v. United States, 156 U.S. 432; 15 S. Ct. 394” Supreme Court decision wherein the presumption of innocence was first adjudged and established. In Meacham, the majority found that any suit brought forth by a person over forty, alleging age discrimination, is to be considered valid, putting the burden of proof on the defendant. If you skipped that class in ambulance chasing I’ll explain. Any seasoned citizen, fired by his employer has the ability to file a lawsuit against said employer for age discrimination without any evidence and no requirement to prove their case. Under today’s ruling it would fall upon the employer, who fired the aged, to prove it wasn’t age discrimination. What the hell? One might argue, and I am, the defendant, in many cases will be required to prove a negative, not easily done. But more important, it reverses more than one hundred years of case law. Look folks, I’m not trying to make the case for age discrimination but I also don’t accept the premise that the government can tell me who I can hire and in return, whom I can fire. That’s not freedom. Yet, if we were to accept these unconstitutional laws then it would seem to me we should also accept the long held view that everyone is innocent, until proven guilty. That would apply to civil law as well as criminal infractions.

In, “Coffin” the court wrote, “The principle that there is a presumption of innocence in favor of the accused is the undoubted law, axiomatic and elementary, and its enforcement lies at the foundation of the administration of our law”.

Suppose, for the sake of argument, we were to apply this same standard to sexual harassment, race discrimination or fair housing laws? By the Supreme Court placing the burden upon the defense they have set a precedent, one that without doubt will be taken advantage of by anyone under the allusion of being wronged and the first trial lawyer he runs in to.

Conservative Springfield 20JUN08