Over a vigorous dissent by Justice Ginsburg, a Supreme Court majority ruled today that AT&T does not violate the Pregnancy Discrimination Act by paying pension benefits calculated in part under an accrual rule that, before enactment of the PDA, gave less retirement credit for pregnancy leave than for medical leave generally. This ruling would soon be the stuff of Ledbetter-style ranting, but for the inconvenient facts that Justice Souter wrote the majority opinion, Justice Stevens joined it, and the vote was 7 to 2.

One curious aspect of Ginsburg’s dissent merits highlighting. Ginsburg states: “A few further considerations influence my dissenting view.” One of those considerations is that a victory for plaintiffs would not “expose AT&T to an excessive or unmanageable cost.” I confess that I don’t understand how that consideration has any bearing on the legal merits, but I’d guess that’s an illustration of what President Obama means by indulging one’s sense of empathy.