April 1, 2022
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Confirmation Hearings Descend into Farce as Nominee Ketanji Brown Jackson Remains Steadfast

                   

With an unimpeachable public record, Ketanji Brown Jackson’s Senate confirmation hearings, predictably, veered into farce as Senate Republicans grandstanded for cable news, trotting out various electoral bogeymen, especially Critical Race Theory, and tried to smear Jackson by association.

As Elie Mystal and others have written about, there was one moment, when Ted Cruz, a classmate of Jackson’s at Harvard Law School, tried to provoke her into torpedoing her nomination, that exemplified the tremendous calculation faced by “nearly every Black person and ancestor” as to whether or not to throw everything away to confront white provocations. 

When Cruz asked if Jackson believed that babies were racist, she could have taken the bait, but her long pause before simply answering the question was all she needed to muster to demonstrate how ridiculous the shadow attacks on her were.

For Mystal, Jackson’s pause highlights the indignities that Blacks face in the workplace and his ruminations are recommended reading.

The Berke-Weiss Law Weekly Roundup: While the Outlook Darkens, We Celebrate Some Small Victories

July 31, 2020
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The clock has essentially wound down on extending assistance for the 30+ million Americans currently on the unemployment rolls. White House officials and Congressional Democrats remain miles apart, with the latter rejecting a temporary extension of the benefits. There are also huge question marks over issues we focus on, particularly child care and employment law, both of which were in the news this week and are the subject of several of the stories we feature

The Week in FFCRA Complaints: Employers Do Not Seem to Understand Mandated Worker Protections

July 31, 2020
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Disability Discrimination
t is starting to seem, from our perspective, that either employers have not been made sufficiently aware of the leave entitled to workers under the FFCRA or that they are willing to risk a lawsuit for wrongful termination.

With the HEALS Act the Fight over Pandemic Lawsuits Takes Center Stage

July 30, 2020
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Earlier this week, Senate GOP leadership introduced their $1 trillion opening response to the $3 trillion Congressional HEROES Act, originally proposed in May. As we have noted, the signal demand coming from Mitch McConnell’s office is liability protection (the “L” in HEALS) for businesses and health care organizations. Translated, McConnell wants to prevent workers from suing employers if they contract coronavirus at work. And the GOP appears firm that without consensus on this issue, there will be no new stimulus.

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