The U.S. Supreme Court begins its new term facing questions of women’s rights and gender discrimination — the very realm in which new Justice Ruth Bader Ginsburg made her mark. Cases to watch:
ABORTION (NOW v. Scheidler) The Question: May abortion clinics use federal racketeering laws to stop harassment and blockades by pro-life activists? Prediction: The court, and Ginsburg, will say yes.
SEXUAL HARASSMENT (Harris v. Forklift Systems, Inc.) The Question: Must a complainant prove that vulgar and sexually suggestive conduct by a boss is “psychologically damaging” or merely “offensive to a reasonable person” ? Prediction: The court, and Ginsburg, will opt for the latter, more liberal, standard. Watch: Clarence Thomas’ vote.
GENDER DISCRIMINATION (J.E.B. v. T.B.) The Question: Should state attorneys be permitted to use peremptory challenges to eliminate either all the men or all the women from a jury? Prediction: The court, and Ginsburg, will say no.
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