Elena Kagan Writes an Awesome Dissent

Later On

Kevin Drum found a jewel:

Four years ago Laura Symczyk filed a collective action against Genesis Healthcare Corp., alleging that it broke the law by automatically deducting 30 minutes per shift for meal breaks even when employees worked during the breaks. Genesis made a $7,500 settlement offer to Symczyk personally, but admitted no liability to the rest of its workforce. It was an obvious attempt to make the case go away cheaply, and Symczyk declined the offer. Her suit then went to trial, where Genesis put up an odd defense: By allowing its offer to lapse, Genesis said, Symczyk no longer had a personal stake in the case, which was therefore moot and should be tossed out. A district court agreed, as did the Third Circuit Court. Eventually the case made its way to the Supreme Court, and today, Elena Kagan, writing in dissent, made her view plain:

That thrice-asserted…

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