Tag: Bostock

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Josh Hammer and Garrett Snedeker argue that it’s time for conservatives to adopt a more confrontational attitude toward rogue decisions of the Supreme Court. In Newsweek, they write:  A case as wrongly decided as Bostock would, in an earlier era, have immediately triggered the equivalent of constitutional “antibodies.” Congress would bring forth bills to limit the scope […]

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In the wake of Bostock v. Clayton County, in which the Supreme Court held that discrimination on the basis of sexual orientation is necessarily sex-based, a number of conservative legal thinkers have unsheathed rather sharp swords against Republican-appointed Supreme Court justices, past and present. The arguments vary but generally boil down to dissatisfaction with textualism and […]

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There is an in-depth discussion this week covering three issues that broke just this week

First, the guys talk about the SCOTUS Bostock decision regarding Title VII of The Civil Rights Act, Neil Gorsuch’s majority opinion, and whether or not it was the court writing legislation instead of interpreting the law.

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There’s been much consternation over Justice Gorsuch’s and Roberts’ majority opinion in Bostock v Clayton County. It’s both a major new application of existing law with far reaching effect AND is something Congress has tried but failed to do. As a default, I think the dissent in the case makes sense: the court shouldn’t impose […]

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