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This theory the plaintiffs have used here. martha: that is a fascinating, fascinating case and who better to ju it with us an judge andrew napolitano, host of fox business network s free com watch . good morning, judge. good morning, martha. martha: it s fascinating, basically justice scalia said look, to the attorney arguing this case on behalf of this class action, you can t argue both ways, you can t say that the local managers were left so much to their own devices they made these decisions about no, i don t like her, i don t want her to be promoted, whatever, then say that this is some overarching walmart policy and hold the entire company responsible. does that make sense to you? justice scalia is in my view accurately stating the law. the we have the supreme court making a decision here between whether individual plaintiffs who can show that they were harmed, that is, they weren t hired or they weren t promoted, or they weren t given raises because of their gender, versus s ....
well, the court has a doctrine, disparite impact, without getting into the weeds on it, it basically lets the court look at the impact of hiring decisions in similarly situated corporations. it s not the same amount of females and not the same amount of males apply for these jobs. martha: fascinating. judge, thank you very much at always, great to talk to you, free com watch with the judge, 8:00 p.m. eastern on the fox business network. bill: check him out there, right? in the meantime, martha, there is more trouble out of japan, they are detecting the higho radiation levels to date. we ll tell you where in a moment. martha: plus, a republican governor who is running into now serious republican opposition. why he thinks that the new union proposal could do more harm than good for the state of ohio. bill: our medicaid plan in my opinion is going to be a model for how we save this money and delivering good quality care. ....
I m going to cart wheel out of here today. bill: martha, wait until you see that guy break dance! it s extraordinary! several key races still not decided. we may see some of these battles sprawl out for weeks it not month, meaning legal issues may start to take shape in states like colorado and alaska where so far write-in candidates have 41 percent of that vote and alaska could be a sign for the incumbent lisa murkowski republican joe miller, trail w-g 34 percent of that vote, democrat scott mcadams, behind at 24 percent. judge and renapolitano, senior judicial analyst and host of box business network fox business network s free com watch with you for a specific reason. you sat on the bench and said if you ve got issues with voters, come to me, and you ll determine how it s resolved. all right. here s the first step, before it even gets to the judge, we re talking about looking at a write-in ....