Skip to comments.Another Win for the Kagan Court: She wins over Gorsuch and Roberts to rewrite the Civil Rights Act.
Posted on 06/15/2020 5:28:16 PM PDT by karpov
Congratulations to Chief Justice Elena Kagan on her big win Monday at the Supreme Court on gay and transgender rights in Bostock v. Clayton County. Ok, she isnt the Chief, but she might as well be as her redefining of Antonin Scalias jurisprudence prevailed in a startling 6-3 ruling that included Chief Justice John Roberts and Justice Neil Gorsuch.
Justice Kagan didnt write the majority opinion, but her views are all over Justice Gorsuch's opinion that essentially rewrites Title VII of the 1964 Civil Rights Act. That law bars discrimination in employment on the basis of race, color, religion, sex, [and] national origin. But in oral argument, Justice Kagan redefined sex in Title VII to mean more than the binary choice of a man or woman. Justice Gorsuch bought the argument, and in the process he usurps Congress and distorts the textualist school of jurisprudence that he claims to follow.
There is no evidence that Congress or the public in 1964 understood gender identity and sexual orientation to be the same as biological sex. Mores have changed for the better, and Congress would have added gender and sexual orientation to the law sooner rather than later. But all 10 appellate courts that considered whether sex covered gender identity and sexual orientation before 2017 held that it did not.
The Court has now rewritten the law itself. While Justice Gorsuch concedes that homosexuality and transgender status are distinct concepts from sex, he says discrimination based on homosexuality or transgender status necessarily entails discrimination based on sex; the first cannot happen without the second.
But animus toward gays or transgender people isnt based on their biological sex. People hostile to gays arent necessarily sexual chauvinists.
(Excerpt) Read more at wsj.com ...
Since we arent up to the task of fixing this disaster ourselves, it looks like the Mexicans and Muslims will fix it for us after they take over the country.
This may as well be the Kagan court. What a disgrace!
We have a Republican president and Senate and a Supreme Court with most judges appointed by Republicans. And it feels like we are losing on many fronts. I wonder how things can be turned around.
Because WE ARE losing. They’re one party and if they’re not actively trying to write law to benefit the left, they’re cowards and too afraid to say “boo” ...yep WE ARE F****
“Gorsuch ... says discrimination based on homosexuality or transgender status necessarily entails discrimination based on sex; the first cannot happen without the second.”
A non sequitur. I’m very disappointed in Gorsuch on this one. He prides himself on following the law to the letter. He made the law up on this one.
As to Roberts—nothing surprises me anymore on his rulings.
Don’t forget the PRC. They don’t brook any foolishness that interferes with the dictates of the Central Committee.
Different specific subject matter but same general point.... if you didn't watch Tucker tonight, find it and watch it later. I think you'll find it quite apropos to what you are wondering about....
And it feels like we are losing on many fronts. I wonder how things can be turned around.
Vote for President Trump in November.
Fool that I am; I thought we had a majority. In reality we’re down to Thomas, Alito and Kavanaugh. All others are compromised.
That's completely ignorant. People can't choose their own gender. A man sitting in front of you in a dress has severe mental issues which people need to be protected from. He's not being discriminated against by being a man.
Personally, I would make it my #1 goal to appoint a retired truck driver or plumber to the next Supreme Court vacancy.
Fool that I am; I thought we had a majority. In reality were down to Thomas, Alito and Kavanaugh. All others are compromised.
Not even that. Kavanaugh wrote a homo butt kissing “dissent.” His vote wasn’t necessary so he kept up appearances. The real vote was 7-2. But let there be no doubt: Kavanaugh plays for Team Uniparty. The corportists and Unipartarians want social issues “settled” in favor of the progressive agenda and the Roberts court delivered for them.
Why is it so hard to grasp that a law means no more or less than what the legislature that voted for it intended? Congress in 1964 certainly didn’t have sexes other than male and female in mind when they enacted this. They would have disagreed vehemently. Don’t pretend.
If you don’t like the law, get Congress to enact a new one. The Court has no right to legislate, even if it’s the wink-wink, nod-nod, keep-it-on-the-down-low kind of legislating.
The court isn’t there to REWRITE law.
As erroneous as Dred Scott and Roe v. Wade.
Funny how Supreme Court cases are settled law except when they aren’t. Lawrence v. Texas flipped an earlier decision.
The court is not infallible. And sometimes later courts weigh in again.
Transgender and homosexuality are behavioral traits and to hear the shrinks tell it, there are 52 genders and they are fluid meaning it can change from day to day.
With all sincerity and respect, it is naive to still believe what you have just said.
At best we have Republican President, and by "Republican" I believe you mean an elected official who would uphold the Constitution and preserve our nation as founded.
He is virtually alone since the Republican leadership in Washington is aligned with the leftists who actually run the country and wish to subjugate or eradicate G-d fearing individuals such as you and I.
After the unlawful COVID shutdowns which have destroyed millions of jobs and trillions in wealth, to the current lawless and racist elimination of our system of law and order, it should now be abundantly clear we have all been betrayed by the GOP.
Trump should propose adding 2 more justices to the court (pack it). Get the Democrats on record opposing it, because surely that is what they will do if they win.
Just ask the ghost of FDR
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