The Court and Civil Rights

My new column for the Prospect looks the forthcoming oral arguments about the Wal-Mart gender discrimination class action and the importance of Supreme Court cases that don’t involve judicial review. It will be interesting to see how the argument goes, but this looks set up all too well for a classic consevertarian bait and switch in which the Court forbids a class action and then lower courts dismiss individual suits for a lack of systematic evidence (if suits even are able to go forward as individual low-stakes claims.)