Fight disinformation: Sign up for the free Mother Jones Daily newsletter and follow the news that matters.


McCAIN AND LEDBETTER….Listening to Hillary’s speech last night, Marian turned to me and asked, “Does McCain really oppose equal pay for equal work?” It was a little complicated to try and answer that while the speech was still in progress, so I just mumbled something about his voting record and turned back to the TV. Ramesh Ponnuru, however, asks the question more precisely:

Hillary Clinton on McCain: “In 2008, he still thinks it’s okay when women don’t earn equal pay for equal work.” Right: Opposing the Lily Ledbetter Act means approving of unequal pay for women. What a disgusting comment.

John Holbo answers:

But what’s disgusting about it, from a conservative perspective? She seems to be making a point of being scrupulously accurate. In this context, saying ‘it’s okay’ amounts to saying that the thing in question is maybe a little bad, but it doesn’t matter much, so you needn’t — therefore shouldn’t — do anything about it. As in: ‘do you need a band-aid for that?’ ‘No, it’s ok.’ A sense that unequal pay for women ‘is ok’, in this sense, is precisely the reason one would oppose the Lily Ledbetter Act.

Right. Ledbetter worked at Goodyear Tire for years, eventually discovered that she had been the victim of persistent wage discrimination, sued under Title VII of the Civil Rights Act, and then lost her case when the Supreme Court ruled that you can only bring wage discrimination cases within 180 days of the discrimination happening. Since practically no one ever finds out about this kind of thing within 180 days, it effectively gutted Title VII completely.

Now, one of the arguments legal conservatives made at the time was that even if you thought this was a strained, absurdly narrow reading of the law, it was a reading of a law. Since Congress can change laws, it’s reasonable for the court to make cautious, narrow readings in statutory cases in the knowledge that they aren’t necessarily preserving ancient prejudices in amber forever. Just change the law!

Which, needless to say, the Democratic congress tried to do. But Republicans made it a cause celebre, insisted the Republic would fall if victims of wage discrimination actually had reasonable recourse in the courts, and filibustered the attempt. John McCain supported the filibuster, which means that for all practical purposes, the Title VII ban on wage discrimination is a dead letter. It might as well not be on the books.

So: does McCain think it’s OK to oppose equal pay for equal work? He sure doesn’t seem to mind it much. He didn’t propose any changes to the Ledbetter Act or work to make it more palatable to conservatives. He just opposed it (though, as usual, he skipped the actual vote). So now, if you’re the victim of wage discrimination, you essentially have no recourse. And John McCain thinks that’s fine.

WE'LL BE BLUNT:

We need to start raising significantly more in donations from our online community of readers, especially from those who read Mother Jones regularly but have never decided to pitch in because you figured others always will. We also need long-time and new donors, everyone, to keep showing up for us.

In "It's Not a Crisis. This Is the New Normal," we explain, as matter-of-factly as we can, what exactly our finances look like, how brutal it is to sustain quality journalism right now, what makes Mother Jones different than most of the news out there, and why support from readers is the only thing that keeps us going. Despite the challenges, we're optimistic we can increase the share of online readers who decide to donate—starting with hitting an ambitious $300,000 goal in just three weeks to make sure we can finish our fiscal year break-even in the coming months.

Please learn more about how Mother Jones works and our 47-year history of doing nonprofit journalism that you don't find elsewhere—and help us do it with a donation if you can. We've already cut expenses and hitting our online goal is critical right now.

payment methods

WE'LL BE BLUNT

We need to start raising significantly more in donations from our online community of readers, especially from those who read Mother Jones regularly but have never decided to pitch in because you figured others always will. We also need long-time and new donors, everyone, to keep showing up for us.

In "It's Not a Crisis. This Is the New Normal," we explain, as matter-of-factly as we can, what exactly our finances look like, how brutal it is to sustain quality journalism right now, what makes Mother Jones different than most of the news out there, and why support from readers is the only thing that keeps us going. Despite the challenges, we're optimistic we can increase the share of online readers who decide to donate—starting with hitting an ambitious $300,000 goal in just three weeks to make sure we can finish our fiscal year break-even in the coming months.

Please learn more about how Mother Jones works and our 47-year history of doing nonprofit journalism that you don't find elsewhere—and help us do it with a donation if you can. We've already cut expenses and hitting our online goal is critical right now.

payment methods

We Recommend

Latest

Sign up for our free newsletter

Subscribe to the Mother Jones Daily to have our top stories delivered directly to your inbox.

Get our award-winning magazine

Save big on a full year of investigations, ideas, and insights.

Subscribe

Support our journalism

Help Mother Jones' reporters dig deep with a tax-deductible donation.

Donate