| 00:00:00 |
HOST, -
SCREEN IS DAVID SAVAGE. HE COVERS THE COURT FOR TH"THE LOST ANGELES TIMES." HE HAS THE TOP STORY. -- "LOST ANGELES TIMES." GUEST: THIS IS REALLY
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| 00:00:22 |
GUEST, -
AN ISSUE ABOUT STATISTICS. SUPPOSE YOU HAVE STATISTICAL EVIDENCE THAT HAS A BIG COMPANY ON AVERAGE WOMEN ARE PAID $1,000 PER LESS PER YEAR, AND THERE...
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| 00:01:07 |
HOST, -
WERE TWO DECISIONS. WHAT WAS THE DIFFERENCE? GUEST: ALL NINE
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| 00:01:12 |
GUEST, -
OF THE JUSTICES THOUGHT THERE WAS A PLOT AND THE WAY THIS WAS BROUGHT, BECAUSE IT WAS BROUGHT UNDER THE CLASS ACTION THING THAT IS AN ALL OR NOTHING...
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| 00:02:18 |
HOST, -
FLAVOR OF THE ORAL ARGUMENT, WE WILL PLAY TWO CLIPS. ONE IS JUSTICE SCALIA. HE ENDED UP WRITING THE MAJORITY OPINION. >> AT THE
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| 00:02:30 |
Unidentified Speaker, -
SAM WALTON INSTITUTE WHERE EVERY MANAGER HAS TO BE TRAINED FOR THE BECOME A MANAGER, THEY PROVIDE AS A RESPONSE TO A STANDARD QUESTION, WHY ARE WOMEN...
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| 00:03:08 |
Unidentified Speaker, -
CAUSE -- CAUSED THEM TO INTENTIONALLY DISCRIMINATE ON THE BASIS OF SEX? >> THEY HAVE AN INTENT TO
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| 00:03:15 |
Unidentified Speaker, -
TAKE SEX INTO ACCOUNT IN MAKING THEIR DECISIONS. THAT IS THEY APPLY A STEREOTYPE ABOUT WOMEN BEING LESS AGGRESSIVE WHEN IT COMES TO ASSESSING THEIR...
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| 00:03:31 |
HOST, -
THAT EXCHANGE WAS AND JOSEPH SELLERS WHO REPRESENTED THE WOMEN OF WAL-MART IN THIS CASE. GUEST: THEY ARE
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| 00:03:43 |
GUEST, -
REALLY TALKING PAST EACH OTHER. JOE IS SAYING THIS COMPANY HAD -- IT WAS TAUGHT TO MANAGERS THAT MEN MAKE BETTER MANAGERS BECAUSE THEY'RE MORE AGGRESSIVE...
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| 00:04:20 |
HOST, -
YOUR TELEPHONE CALLS. ALL OF THE INFORMATION ON THE BOTTOM OF YOUR SCREEN. WE'RE TALKING ABOUT WHAT THE DECISION MEANS FOR BUSINESS AND WAL-MART. LET'S...
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| 00:04:57 |
Unidentified Speaker, -
MONTH AFTER MONTH SHOWING THAT WOMEN ARE DISPROPORTIONATELY PASSED OVER FOR PROMOTIONS. THERE IS A PAY GAP BETWEEN MEN AND WOMEN DOING THE SAME JOB....
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| 00:05:35 |
Unidentified Speaker, -
FOR A COMPANY TO ENSURE THERE ARE NOT WAGE GAPS IN DISCRIMINATION, BUT HERE IF ONE LOOKS AT THE AGGREGATED STATISTICS, IT POINTS TO A COMPLETELY DIFFERENT...
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| 00:05:58 |
HOST, -
THE ARGUMENT FROM THE ATTORNEY WHO REPRESENTED WAL-MART. GUEST: THEY'RE
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| 00:06:03 |
GUEST, -
GETTING INTO WHAT THE STATISTICS ACTUALLY SHOW. RUTH GINSBERG SAID 70% OF THE HOURLY WORKERS AT WAL-MART OR WOMEN. 33 PERCENT OF THE MANAGERS ARE WOMEN....
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| 00:06:30 |
HOST, -
YOUR ARTICLE MAKES THE CASE THE RULING MIGHT ALL BUT END CLASS-ACTION LAWSUITS. I AM DID TRY TO PLANT AT THE REPORTING OF ANALYSIS. -- HYATT HAVE BEEN...
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| 00:06:53 |
GUEST, -
WHEN CLASS ACTIONS REALLY TOOK OFF IN THE MID-1960'S, THE NOTION WAS TO BRING A SUIT IN GET THE COMPANY TO CHANGE POLICY. THERE WERE SUITS WITH THE TRACKING...
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| 00:08:14 |
GUEST, -
THIS COUNTRY? I THINK THEY'RE QUITE RARE. I AM NO EXPERT ON FOREIGN BALL, BUT I THINK THEY'RE MORE OF AN AMERICAN INNOVATION. AS I SAY, CLASS ACTIONS...
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| 00:09:18 |
HOST, -
HOW WORD, AN INDEPENDENT. A-- HOWARD, AN INDEPENDENT. CALLER: I WAS WONDERING,
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| 00:09:30 |
CALLER, -
IT SEEMS TO ME THEY DECIDED ON THE PROCEDURAL ISSUE WITHOUT DECIDING ON THE MERITS OF THE CASE. WOULD YOU NOT THINK IN PAST YEARS A SUPREME COURT MIGHT...
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| 00:09:53 |
CALLER, -
ABOUT WHETHER IT SHOULD BE BROUGHT AS A CLASS ACTION. AS I SEE, IT IS A DIFFERENT ISSUE. IN OTHER WORDS, YOU MENTIONED EARLIER THEY DID NOT GIVE THE...
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| 00:10:17 |
GUEST, -
HAVE AGREED ON THE NARROW IDEA OF SAYING THIS IS FLAWED AND GO BACK AGAIN. THE WHOLE QUESTION WAS, COULD THESE WOMEN JOIN TOGETHER AND SUE AS A CLASS?...
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| 00:11:38 |
HOST, -
CASE WAS 10 YEARS IN THE MAKING. WE HAVE A TIMELINE. THIS IS COURTESY OF "THE WASHINGTON POST." APOLOGIZE FOR THAT. THE SHOW'S THE PROGRESSION THROUGH...
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| 00:12:07 |
CALLER, -
BASED IN A SITUATION WHERE WOMEN WERE GETTING PROMOTED OVER MALES, AND WE WERE TOLD THEY NEEDED TO HIRE WOMEN OVER MEALS, BECAUSE THEY LOOK BETTER DOING...
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| 00:13:03 |
GUEST, -
I THINK HE REPRESENTS MANY PEOPLE. THERE ARE LOTS OF DIFFERENT FACTORS THAT GOES INTO WHO GETS PROMOTED INTO IS NOT. MOST PEOPLE MAY BE UNHAPPY BUT ARE...
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| 00:13:20 |
HOST, -
CALL FROM SAN DIEGO. DEAN, A DEMOCRAT. CALLER: UNTIL
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| 00:13:27 |
CALLER, -
YOU ARE DISCRIMINATED AGAINST -- I AM A BLACK MALE FROM THE SOUTH, AND I HAVE BEEN DISCRIMINATED AGAINST. UNTIL YOU HAVE BEEN DISCRIMINATED AGAINST,...
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| 00:14:46 |
HOST, -
LET'S GET A RESPONSE. THANK YOU. GUEST: WE HAVE TO CALLERS
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| 00:14:52 |
GUEST, -
TAKE OPPOSITE SIDES OF THE VIEW. IT IS THE CASE THAT THE SUPREME COURT'S RULING WILL MAKE IT VERY HARD -- IF A BIG COMPANY DISCRIMINATES IN A SMALL WAY...
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| 00:15:48 |
HOST, -
A TWITTER VIEWER WHO WRITES -- HAVE ANY SENSE FROM THE QUESTIONING YOU BOARD OR THE TENOR OF THE OPINION THAT HER POINT OF VIEW REFLECT THE JUSTICES?...
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| 00:16:08 |
GUEST, -
CLEARLY AN OVERSTATEMENT, BUT THERE IS SOMETHING TO BE SAID OF THE CLIP THAT YOU PLAYED EARLIER. THEY WERE TRYING TO SAY THEY THINK MEN ARE BETTER MANAGERS...
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| 00:16:40 |
HOST, -
ALBUQUERQUE, NEW MEXICO. GOOD MORNING, JOE. CALLER: I HAVE A COMMENT
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| 00:16:46 |
CALLER, -
TO MAKE WHEN HE WAS TALKING ABOUT THE LIBERAL JUSTICES. IT HAS BECOME MY HUMBLE OPINION THAT LIBERALS OR WHENEVER YOU WANT TO CALL THEM, LEFT-WING PROGRESSIVES,...
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| 00:18:17 |
GUEST, -
THE CALLLER CERTAINLY FOUND PEOPLE TO BLAME, TRIAL LAWYERS FROM THE DEMOCRATS, PRESIDENT OBAMA. DIFFERENT VIEW. HOST: LOST ANGELES
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| 00:18:28 |
HOST, -
IS NEXT. CARMEN WHO IS A DEMOCRAT THERE. -- LOS ANGELES. CALLER: I
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| 00:18:37 |
CALLER, -
THINK THE DECISION OVER THE SUPREME COURT IS ONLY FAIR. IT IS CAUSED BY THE CONSERVATIVE JUSTICES TO DENY CIVIL-RIGHTS OVER WOMEN WORKERS. PRESIDENT...
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| 00:19:23 |
HOST, -
THAT POINT. THANK YOU FOR THE CALL. HE REFERENCES THE BETTER PAY ROLL. I WAS CONFUSED BECAUSE AT THE END HE THINKS INDIVIDUAL CASES WOULD BE MUCH MORE...
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| 00:19:38 |
GUEST, -
IS NOTHING THAT SAYS WOMEN CANNOT BRING INDIVIDUAL CLAIMS. ANYBODY CAN BRING AN INDIVIDUAL CLAIM IF THEY CAN PROVE ILLEGAL DISCRIMINATION. PRACTICALLY...
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| 00:21:20 |
HOST, -
TAKE A QUICK LOOK AT SOME OF THE EDITORIAL PAGES ON THIS. "USA TODAY" -- "THE NEW YORK TIMES" -- "THE WALL STREET JOURNAL" -- WE'RE TALKING WITH DAVID...
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| 00:21:49 |
CALLER, -
GOOD MORNING. MY WHOLE PROBLEM IS WHY NOT LOOK INTO THE WHOLE POLITICS OF WAL-MART'S HEALTH POLICY? HOST:
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| 00:22:00 |
HOST, -
OK. THANK YOU. SEPARATE ISSUE ALTOGETHER LOOKING AT WAL-MART'S DISABILITY POLICY. WE CANNOT HELP YOU WITH THAT. DAVID REPUBLICAN IN ARKANSAS. AS WE TALK...
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| 00:22:41 |
CALLER, -
IT IS THE MAJORITY RULED AGAINST PEOPLE IN FAVOR OF CORPORATIONS. I THINK THAT IS A GOOD WAY TO LOOK AT THIS. IF YOU WANT INDIVIDUALS, PEOPLE WHO THINK...
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| 00:24:13 |
GUEST, -
THAT IS A VERY GOOD SUMMARY OF THE ARGUMENT FOR CLASS ACTIONS. THE TWO THINGS THAT THEY GIVE A LOT OF PEOPLE THE OPPORTUNITY TO BAN THE OTHER AGAINST...
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| 00:25:06 |
CALLER, -
GONE OUT OF THE WHOLE RULING WAS THE JUSTICES SAID HAVING 1.5 MILLION PEOPLE FILING ONE LAWSUIT IS WAY TOO BIG. WHAT THEY WANT THE LAWYERS IS TO REDUCE...
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| 00:25:57 |
CALLER, -
IS PROBABLY VERY GOOD THAT THIS HAPPENED, BECAUSE NOW THE AMERICAN PEOPLE REALLY KNOW HOW WAL-MART ARE TREATING THEIR EMPLOYEES. WE'RE TALKING ABOUT...
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| 00:26:29 |
GUEST, -
COMMENT. THIS LAWSUIT MAY HAVE ACCOMPLISHED A LOT FOR WOMEN OVER THE PAST 10 YEARS. THIS IS SOME EVIDENCE THAT WHEN THIS LAWSUIT BEGAN THERE WERE MUCH...
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| 00:26:52 |
HOST, -
WE ARE OUT OF TIME. WE WILL CLOSE UP WITH ONE MORE CALL. ERIC, INDEPENDENT. CALLER: I WANTED TO SAY
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| 00:27:01 |
CALLER, -
I THINK THIS CASE IS NOT ABOUT MONEY- HUNGRY LAWYERS AND CLASS ACTION LAWSUITS, IT IS FUNDAMENTALLY HOW WE CONCEPTUALIZE AND JUSTICE IN THE UNITED STATES....
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| 00:27:20 |
HOST, -
THANK YOU. I APOLOGIZE, BUT WE HAVE TO LEAVE IT AT THAT POINT. MR. SAVAGE, THANK YOU. WE'RE GOING TO TAKE YOU LIVE TO OUR NEXT EVENT, WHICH IS JON HUNSTAMAN'S
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NOTE: The transcript for this program was compiled from uncorrected Closed Captioning.