Coleman v. Court of Appeals of Maryland — Ginsburg, J., Dissenting

Summary

Justice Ginsburg dissents, arguing the FMLA self-care provision validly enforces the Fourteenth Amendment’s equal protection guarantee against gender discrimination. She contends pregnancy discrimination is sex discrimination, distinguishing Geduldig v. Aiello, and argues Congress documented sufficient state violations to justify the prophylactic legislation. She would reverse the judgment of the Court of Appeals. Justice Scalia and Justice Thomas concurred in the judgment, arguing the 'congruence and proportionality' test invites arbitrariness and that Congress's §5 power should be limited.