In this post, I discuss general principles of disparate treatment analysis, focusing on the dichotomy described in Quigg v. Thomas County School District, No. 14-14530 (Feb. 22, 2016), between single-motive claims and mixed-motive claims.
The death of Justice Antonin Scalia and the emerging discussion about a potential replacement have spawned renewed interest in the late Justice's approach to legal interpretation. A common public perception is that Justice Scalia was a foe of civil rights. Yet it behooves us to consider the actual practical effect of applying textualist principles in interpreting civil rights protections. To that end, this post discusses Justice Scalia's voting record in the Supreme Court's recent decisions addressing age discrimination. Because the outcome in each of these decisions turned on a specific statutory provision, they provide an excellent illustration of Justice Scalia's textualist approach to statutory interpretation, over an extended period of time.