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

[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.

[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 believe the statue is called the "Jersey Devil." The kneeling creatures are called democrats. They seemed made for each other. It's as real as anything you might hear them say on the liberal news networks.

[Richard Axtell]

“There is no evidence that Congress or the public in 1964 understood gender identity and sexual orientation to be the same as biological sex.”

Imagine what kind of illogical and fraudulent nonsense will be conjured up in the future. It will make this “gender identity” insanity look like... er... just more idiocy, I guess.

[Alberta's Child]

Actually, this case illustrates the exact OPPOSITE of what you’re saying. The majority opinion in this case was written by the justice who was appointed by the guy we all crawled over broken glass to support.

This has nothing to do with outrage and intimidation ... and has everything to do with an empire collapsing before our eyes. Welcome to the Tower of Babel version 2.0.

[Varsity Flight]

With perplexity, the crashing of the waters and the seas are upon.
The Apostle to the Gentiles, his mission in now ending through the written epistles and The Spirit.

[Jacquerie]

Repeal the 17th Amendment. Wild prog judges weren’t a problem before popular election of senators.

[Elsie]

There is a Final Court that awaits us all...

[Ann Archy]

The LESBIAN WINS!! Our country is GONE!

[BTerclinger]

Please FRmail me to be added to or removed from my irregular ping list. 

[BTerclinger]

Well done.

[Vision]

This is so crazy how can civilization continue? They can harm young developing children and religious orders will forced to admit transvestites. This is so powerful and stupid the bedrock of mankind is threatened.

[Mashood]

Remove the part about “lifetime appointment”.

[JudgemAll]

Indeed, we went from being accepting of gays like one make amends for the autistic to have time to adapt to society, to them forcing society adapt to them. And it does not even help them. We have turned society into a psychiatric office where we certainly cannot suggest anything to the patient and we hope the patient behaves or finds on its own a reason.

The hysterical knee jerk approval of this disturbing language just shows how weak minded these people are.

[New Jersey Realist]

Do you mean the same civil rights act that the democrats filibustered and would not support? That makes no sense.

[aquila48]

“Actually, this case illustrates the exact OPPOSITE of what you’re saying. The majority opinion in this case was written by the justice who was appointed by the guy we all crawled over broken glass to support.”

I disagree. It makes exactly my point, which is that just voting and winning an election is not enough. The left whether they win at the ballot box or not they always seem to win. Why? Because they take to the streets, intimidate politicians, judges, bureaucrats CEOs and the media. In short they are activists, they are community agitators, they’re true believers in their causes.

We on the other hand can barely muster to go vote every couple of years. And then if our guy wins we give him no public support or hold his feet to the fire, we just expect him to do all the hard work on his own.

We used to do that. Remember the Tea Parties? Whatever happened to that energy?

[MeneMeneTekelUpharsin]

Nothing we can do about it. Must be about the Lord’s work. Only He can fix this mess now, it’s gone so far.

[Leep]

If they wont go to a deserted tropical island can they please send me?

[ballplayer]

They are teaching and celebrating it in Elementary schools.

[pookie18]

Thanks, BTerclinger! Have the perfect “story” to attach to it...

[Alberta's Child]

Why? Because they take to the streets, intimidate politicians, judges, bureaucrats CEOs and the media. In short they are activists, they are community agitators, they’re true believers in their causes.

I don't have a "cause." I get up and go to work every day (even when my business is supposedly "non-essential" and shut down), and I don't give a flying sh!t what any of these agitators and misfits do.

You're looking at the inevitable march of history to a complete collapse. It has happened before, and it will happen again. It's the natural end result for a society that is so affluent that it can survive even with millions of members who are so useless and unproductive that they are literally bored to death.

We used to do that. Remember the Tea Parties? Whatever happened to that energy?

The energy disappeared when most of those Tea Party candidates went to Washington and turned out to be complete frauds.

[aquila48]

“It’s the natural end result for a society that is so affluent that it can survive even with millions of members who are so useless and unproductive that they are literally bored to death.”

We agree on that one.

I keep saying what ails us is a really bad case of affluenza, ie, the failure to appreciate how good we have it.

Luckily or sadly affluenza contains its own cure, when all this bounty will end and then it will be missed and appreciated again. Unfortunately there will be a lot of misery in between.