Ross Runkle responds that Secunda and Justice Ginsburg's decent focus too much on the practical concern that it is unlikely a plaintiff will become aware that she is being discriminated against with regard to pay during the relatively short 180-day limitations period. He argues that this fact, which he allows may indeed be true, is not relevant to the analysis.
Their discussion highlights the importance of how an appellate question such as this is initially characterized. The majority characterized the case as a "pay setting" issue rather than simply a "pay" issue. By framing the issues in this way, the majority's answer seems only natural. But is that the correct way to set the issue? The discussion will certainly continue.