She's not black, yet, but she did side with the EEOC against Autozone.
Potential nominee profile: Amy Coney Barrett
SCOTUSblog Amy Howe
July 4th, 2018
"One case that would almost certainly draw attention if she were nominated came shortly after she took the bench:
EEOC v. AutoZone, in which the federal government asked the full court of appeals to reconsider a ruling against the EEOC in its lawsuit against AutoZone, an auto parts store. The EEOC had argued that the store violated Title VII of the Civil Rights Act, which bars employees from segregating or classifying employees based on race, when it used race as a determining factor in assigning employees to different stores – for example, sending African-American employees to stores in heavily African-American neighborhoods. A three-judge panel (that did not include Barrett) ruled for AutoZone; Barrett joined four of her colleagues in voting to deny rehearing by the full court of appeals."
[she did side with the EEOC against Autozone.
A three-judge panel (that did not include Barrett) ruled for AutoZone; Barrett joined four of her colleagues in voting to deny rehearing by the full court of appeals.]
Sounds like she sided with Autozone. She wasn’t part of the three judge panel that ruled for Autozone. When the EEOC appealed for a rehearing by the full court of appeals that might have included her, she gave the rehearing a thumbs-down, thereby preserving the decision in favor of Autozone. That’s the way these things work. The first appeal goes before 3 judges. The second appeal goes before the full court for that district (max 13 judges).