on restraint. . .
Via Washinton Post:
In 1985, Office of Legal Counsel head Charles Cooper asked Alito to be his deputy; he said it was clear that Alito, although less vocal than the political appointees, shared their philosophy of judicial restraint.
For example, Alito helped write a opinion that employers could legally fire AIDS victims because of a "fear of contagion, whether reasonable or not," because discrimination based on insufficient medical knowledge was not prohibited by federal laws protecting the disabled. Alito later explained that "we certainly did not want to encourage irrational discrimination, but we had to interpret the law as it stands."
ok, it was 1986 when he wrote this decision, and it was early on in the aids epidemic. but still, it's kinda scary. "fear of contagion, whether reasonable or not" seems to be a pretty weak reason for firing someone, even if it is in the context of a relatively new illness. i may not be able to restrain myself from kicking this guy's ass.


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