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:: A constitutional law blog by Scalia/Thomas fan David M. Wagner, M.A., J.D., Research Fellow, National Legal Foundation, and Teacher, Veritas Preparatory Academy. Opinions expressed here are those of the author and do not reflect those of the NLF or Veritas. :: bloghome | E-mail me ::

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    :: Tuesday, August 16, 2005 ::
    Headline in New York Newsday: Nominee Roberts, in '84, called equal pay for women 'radical'

    No he didn't. What he correctly called "radical" was the then-voguish theory of "comparable worth." Unlike "equal pay for equal work," the CW theory admitted that the types of work being compared were not the same, but then held that since they were of "comparable worth" they should be compensated equally. Obviously, the critical questions of which jobs were "comparable" in "worth" to which others would have been answered by a new bureaucracy called into existence by legislation implementing the CW theory.

    CW was laughed off twenty years ago, and not just by John Roberts. Until it became a question of attacking Roberts as a Supreme Court nominee, no one in twenty years has tried again the absurd move of equating "equal pay" with "comparable worth."

    CW did, however, make one valuable contribution to culture. It called forth a headline by Adam Wolfson, in an article in Policy Review: "Shall I Compare Thee to a Plumber's Pay?"

    :: David M. Wagner 5:44 PM [+] ::

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