Reinhardt, in what almost certainly will be his last en banc decision: "[T]o allow employers to capitalize on the persistence of the wage gap and perpetuate that gap ad infinitum ... would be contrary to the text and history of the Equal Pay Act ...."
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Interestingly, and as I noted to
@howappealing, it does look like Reinhardt's vote was necessary, at least to the rationale/expanse of the decision:https://twitter.com/chrisgeidner/status/983381089279455232 …Show this thread - End of conversation
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Is there precedent for issuing decisions posthumously? Seems weird to me compared to the one case I know of where a panel member died after case was taken UA but before opinion issued. (N=1, thankfully)
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Improper at best.
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Hilarious that some people actually think Judges should be deciding things like this
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