Dissecting Sarah Palin's Logic: Ledbetter and Fair Pay

A portion of Katie Couric’s interview with Sarah Palin that aired Tuesday focused, among other things, on equal pay.  The transcript:

Couric: Where do you stand on the Ledbetter Fair Pay Act?

Palin: I’m absolutely for equal pay for equal work. The Ledbetter pay act - it was gonna turn into a boon for trial lawyers who, I believe, could have taken advantage of women who were many, many years ago who would allege some kind of discrimination. Thankfully, there are laws on the books, there have been since 1963, that no woman could be discriminated against in the workplace in terms of anything, but especially in terms of pay. So, thankfully we have the laws on the books and they better be enforced.

Couric: The Ledbetter act sort of lengthens the time a woman can sue her company if she's not getting equal pay for equal work. Why should a fear of lawsuits trump a woman's ability to do something about the fact that women make 77 cents for every dollar a man makes. And that's today.

Palin: There should be no fear of a lawsuit prohibiting a woman from making sure that the laws that are on the books today are enforced. I know in a McCain-Palin administration we will not stand for any measure that would result in a woman being paid less than a man for equal work.

Couric: Why shouldn’t the Ledbetter act be in place? You think it would result in lawsuits brought by women years and years ago. Is that your main problem with it?

Palin: It would have turned into a boon for trial lawyers. Again, thankfully with the existing laws we have on the books, they better be enforced. We won't stand for anything but that. We won't stand for any discrimination in the workplace - that there isn't any discrimination in America.

At first blush, it looks like Palin is just rehashing McCain’s argument against Ledbetter: “I don’t believe that this would do anything to help women except maybe help trial lawyers and others in that profession.”  She does manage to eke out the lawyer-bashing McCain line, while asserting that McCain-Palin “won’t stand” for discrimination, but after that she appears to get a little lost.  She seems to think that the “fear of lawsuits” Couric refers to in the second question are people suing women to prevent them from enforcing “the laws on the books.”

But a closer look reveals an even more fundamental misunderstanding.  She says that “thankfully, we have the laws on the books."  Well, yes, but thanks to Samuel Alito, that law means a lot less than it used to.

Ledbetter v. Goodyear, the Supreme Court decision that led to the Ledbetter Fair Pay Act, involved a woman, Lilly Ledbetter, who worked at a Goodyear Tire plant for almost twenty years, for a salary much less than her male co-workers.  The “laws on the books,” as read by Justice Alito and the rest of his voting bloc, said that Ledbetter’s discrimination claim needed to be filed within 180 days of the first discriminatory paycheck.  The only problem: Ledbetter first found out about the unequal pay through an anonymous tip, sixteen years after that first paycheck.

Of course, it’s not surprising that Palin doesn’t know the substance of the Ledbetter case—apparently, when asked to name Supreme Court cases, the only one she could produce was Roe v. Wade.

PFAW