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Another Win for the Kagan Court: She wins over Gorsuch and Roberts to rewrite the Civil Rights Act.
Wall Street Journal ^ | June 15, 2020 | WSJ Editorial Board

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 isn’t the Chief, but she might as well be as her redefining of Antonin Scalia’s jurisprudence prevailed in a startling 6-3 ruling that included Chief Justice John Roberts and Justice Neil Gorsuch.

Justice Kagan didn’t 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 isn’t based on their biological sex. People hostile to gays aren’t necessarily sexual chauvinists.

(Excerpt) Read more at wsj.com ...


TOPICS: Editorial; Government
KEYWORDS: antoninscalia; elenakaga; genderdysphoria; globalwarminghoax; gorsuch; greennewdeal; homosexualagenda; johnroberts; judiciary; kagan; neilgorsuch; politicaljudiciary; roberts; scotus; scrotus; supreme; supremecourt; supremes; tranny; trump
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To: karpov

Trump called it a “powerful decision”. Not what I was expecting or wanting to hear.


41 posted on 06/15/2020 6:34:32 PM PDT by Trumpisourlastchance
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To: karpov

Law schools at Ivy League and their allied prestige universities (Stanford, Duke, Vanderbilt) teach the “living Constitution”, not original intent. This allows courts to change or rewrite the Constitution, and laws passed by Congress, without going through the legislative process or the constitutional amendment process.

There are consequences when Republican presidents appoint Ivy League educated lawyers to the courts. How long has it been since a graduate of a state university law school been appointed to the highest court?


42 posted on 06/15/2020 6:44:02 PM PDT by Soul of the South (The past is gone and cannot be changed. Tomorrow can be a better day if we work on i)
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To: Lurkinanloomin

I feel that I am a handicapped black lesbian muslim.


43 posted on 06/15/2020 6:51:52 PM PDT by Uncle Miltie (Dan Crenshaw (R-TX) 2028!)
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To: Alberta's Child

“Since we aren’t 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.”

Sure looks that way.

We conservatives deserve every shellacking we’re getting. There is ansplutely no fight in us. We can barely be bothered to get off our asses and vote every 4 years, let alone take to the streets, raise hell and get into politician and bureaucrats faces. We know nothing about intimidation. That’s how the other side wins.


44 posted on 06/15/2020 6:59:26 PM PDT by aquila48 (Do not let them make you care! Guilting you is how they control you.)
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To: karpov

It’s Congress’s job to rewrite not the Court


45 posted on 06/15/2020 7:05:43 PM PDT by butlerweave
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To: SharpRightTurn
How sad. Gorsuch turns out to be a Chickenshit mama’s boy after all.
46 posted on 06/15/2020 7:08:34 PM PDT by hinckley buzzard (Power is More often surrendered than seized)
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To: karpov; All
"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."

Blah, blah, more blah.

FR: Never Accept the Premise of Your Opponent’s Argument

Patriots, we will have a golden opportunity to get rid of the activist, institutionally indoctrinated justices trampling the Constitution when we reelect PDJT by also electing a new patriot Congress that will not only promise to fully support his already excellent work for MAGA, but will also promise to impeach and remove Constitution-ignoring activist justices from the Supreme Court.

From a related thread…

First Amendment-related protections aside, regarding the otherwise mostly constitutionally indefensible (imo) Civil Rights Act of 1964 (CRA ’64) and its titles, please consider the following.

When the 19th century Supreme Court examined the 14th Amendment-related voting rights case of Minor v. Happersett, the Court did not suggest that Virgina Minor claim to be a man under the voting laws of her state in order to vote, but decided the case against her.

The Supreme Court thus established a precedent for recognizing only the biological male and female sexes under the Constitution imo, this precedent effectively becoming a part of the Constitution when the states ratified the 19th Amendment imo.

Also regarding CRA '64, consider that the 15th Amendment likewise limits any race protection laws that Congress makes to voting rights issues.

"15th Amendment:
Section 1: The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of servitude.

Section 2: The Congress shall have power to enforce this article by appropriate legislation [emphasis added].”

Constitutional lawmakers maybe should have included language in the 13th, 14th or 15th Amendments to deal with discrimination and segregation.

On the other hand, our generation is certainly an eyewitness to how badly all three branches of the post-17th Amendment ratification, unconstitutionally big federal government can twist the original intent of constitutional lawmakers regardless how carefully amendments are written.

47 posted on 06/15/2020 7:12:34 PM PDT by Amendment10
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To: karpov

F**k Gorsuch. The coward.


48 posted on 06/15/2020 7:14:39 PM PDT by Bullish (CNN is what happens when 8th graders run a cable network.)
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To: karpov

The tree of liberty is in need of watering.


49 posted on 06/15/2020 7:19:34 PM PDT by SunTzuWu
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To: karpov; Saint Athanasius

Looks like Gorsuch further left than Kavanaugh.

Thomas is still the ONLY one I trust.

1 out of 9 = 11% which is sad, but...

it’s still higher than the percentage of Bishops that I trust...

which is REALLY sad...


50 posted on 06/15/2020 7:23:28 PM PDT by rhinohunter (FAUCI MUST GO!!!)
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To: Gay State Conservative

Taxidermy.


51 posted on 06/15/2020 7:34:03 PM PDT by Eagles6
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To: Lurkinanloomin

Here’s the “conservatives” who sided with the liberals to say LGBTXYZ is not either man or woman, but what ever in the hell they say they are, irregardless of what’s between their legs and what common sense and DNA says.

1. John Roberts. His sister is a lesbian who was at his confirmation hearings. Interviewed she said she was so happy for her brother. She tells the interviewer that he had assured her if same-sex “marriage” ever came before the court he was certain it would pass.

2. Neil Gorsuch. During his senate conformation hearing homosexual who used to to clerk for him said he was a fine man who attended his “wedding” and also sent a personal congratulations letter to him wishing him all the happiness in his the world, “marriage”.

Both are social liberals and will prove it continually in the next 20 to 30 years.


52 posted on 06/15/2020 7:43:33 PM PDT by NKP_Vet
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To: stormhill

Who ever vetted Roberts and Gorsuch needs a good thrashing.


53 posted on 06/15/2020 8:01:44 PM PDT by Robocop5626
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To: NKP_Vet; Impy; dfwgator; AuH2ORepublican; fieldmarshaldj; LS
>> 1. John Roberts. His sister is a lesbian who was at his confirmation hearings. Interviewed she said she was so happy for her brother. She tells the interviewer that he had assured her if same-sex “marriage” ever came before the court he was certain it would pass.

2. Neil Gorsuch. During his senate conformation hearing homosexual who used to to clerk for him said he was a fine man who attended his “wedding” and also sent a personal congratulations letter to him wishing him all the happiness in his the world, “marriage”.

Both are social liberals and will prove it continually in the next 20 to 30 years <<

Sadly, I agree.

So where's all the loudmouth FReepers who continuously lectured us during the confirmation hearings "Gosh darn, you don't get it. His PERSONAL VIEWS and PRIVATE LIFE don't matter. They are irrelevant to the discussion. I don't want a 'conservative' judge. I want an PROVEN ORIGINALIST judge whose JUDICIAL PHILOSOPHY is to hand down the decisions in line with the founders intent... blah blah blah..."

Sure haven't seen the folks who screamed ORIGINALIST ORIGINALIST ORIGINALIST at the top of their lungs around these threads, whenever their beloved "ORIGINALIST" judge turns traitor.

We've been screwed by that mindset since at least the 1960s and Nixon era (Nixon pledged he would appoint ONLY "strict constructionist" judges).

I've had it up to here with their "originalist" judges. They are to the federal courts what "fiscal conservatives" are to legislatures.

54 posted on 06/15/2020 8:03:52 PM PDT by BillyBoy ('States Rights' is NOT a suicide pact.)
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To: BillyBoy

Bah!
They’re moderates. That’s all the Senate will confirm.

Still, the 4 feudalist Members are the problem.

Replacing them with liberals would be an improvement.


55 posted on 06/15/2020 8:06:54 PM PDT by mrsmith (Dumb sluts (M / F) : Lifeblood of the Media, Backbone of the Democrat/RINO Party!)
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To: karpov

20Woe to those who call evil good

and good evil,

who put darkness for light

and light for darkness,

who put bitter for sweet

and sweet for bitter.

21Woe to those who are wise in their own eyes

and clever in their own sight.


56 posted on 06/15/2020 8:08:07 PM PDT by Phillyred
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To: clearcarbon

I have not seen this photo before- is it real? Where and what is the statue? It looks like they are bowing to satan! (I presume that’s why you posted it).


57 posted on 06/15/2020 8:08:08 PM PDT by microgeek42
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To: Vision

DNA [sex] is not the same as “gender” identity.


58 posted on 06/15/2020 9:04:34 PM PDT by Paladin2
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To: SharpRightTurn

Gorsuch thinks like a Colorado hipster.


59 posted on 06/15/2020 9:24:20 PM PDT by jospehm20
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To: Gay State Conservative

She’s already dead.
What you see wandering around is a life model decoy.


60 posted on 06/15/2020 9:26:24 PM PDT by BiteYourSelf
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