Former Solicitor General Neal Katyal applauded Supreme Court Justice Neil Gorsuch on Monday after the Trump-appointed judge ruled with the majority in favor of allowing LGBTQ employees to sue for workplace discrimination.
I, for one, don’t believe the Sup Ct majority in this ruling deserves a pat on the back for doing the right thing. The law was clear on this matter.
OTOH, they turned down 2nd Amendment cases looking to ease restrictions on guns.
A 6-3 with a packed court like this is about as close to a 9-0 as you’re gonna get on any controversy. The assessment is clear and obvious and these 3 dissenters should be shit canned for their obvious failure to understand the law.
I’m holding judgement till I see all of the decisions handed down this year. I fear this may be cover for some truly horrendous decisions coming down the pipe.
In fact, it was not at all clear. It was the clearly just outcome, and it was supported by a plain interpretation of the statute that is consistent with our current societal values. But the idea that Congress in 1964 was intending to enact employment protections for LGBTQ people is absurd. They did it entirely by accident.
One of the upsides of broad, sweeping language like “Due Process” and “Equal Protection” is that such concepts can be applied in ways that are entirely just and squarely within the textual concept, but which never would have been considered by the people who enacted them.
A theoretical question for the legal eagles among us: do the people who have been fired in recent weeks, ostensibly for having racist views (e.g. Central Park Karen), have a basis to sue under similar logic to this decision?
Katyal has some embarrassing endorsements of nominee Gorsuch to dig himself out from under, unless I’m mistaken. Hence this cringemaking applause, as if Gorsuch were a summer camper who has finally lit a fire. I’m in the camp that says that you don’t pat Republicans on the back any more than you pat Democrats on the back for doing the obviously right thing.