Oral arguments were held this morning on the huge Walmart class action sex discrimination case. Full reports aren't available yet, but early headlines indicate the plaintiffs for women arguing discrimination in pay and promotion met tough questioning from the court, particularly Justice Anthony Kennedy, often a swing vote on the court. Bloomberg reported:
Today’s arguments suggested the court might divide roughly along gender lines itself, with the three female justices —Ruth Bader Ginsburg, Sonia Sotomayor and Elena Kagan — emerging as perhaps the strongest supporters of the class action. Justices Antonin Scalia, Anthony Kennedy and Samuel Alito voiced skepticism.
Kennedy at one point told the lawyer for the women that their complaint pointed “in two directions,” alleging both that the company had a companywide problem and that its local managers had unfettered discretion. “I’m just not sure what the unlawful policy is,” Kennedy said.