On the recordAugust 3, 2010
Mr. President, above the entrance of the U.S. Supreme Court are four words, and four words only: ``Equal Justice Under Law.'' I rise today to support the nomination of Solicitor General Elena Kagan to be an Associate Justice of the U.S. Supreme Court. But I also rise today to put General Kagan's nomination in the context of the history of the Supreme Court and how that Court has affected the lives, the jobs, and the safety of working Americans. I want to ask if working Americans are actually getting equal justice under law in the highest Court of our land. And I do not want to talk about the Court's impact on working Americans in terms of stare decisis or deference to the political branches or judicial modesty. I want to talk about this in terms of the real things that are happening to real people--real working people--right here in the United States. In 2003, a 54-year-old man named Jack Gross was working for an insurance company in Iowa. A few years earlier, his company had chosen him to rewrite all of their policies in 1 year. And he did it. In fact, he was one of the company's top employees. His 13 years of performance reviews placed him in the top 3 to 5 percent of the company. But when his company merged with another company, Jack Gross got demoted. In fact, so did all of the other Iowa employees who were 50 or older. So Mr. Gross sued for age discrimination under a Federal law called the Age Discrimination in Employment Act.…





