The Supreme Court, post-Scalia, has two solid conservative justices, Thomas and Alito. Gorsuch has proven himself to be another Roberts. That shouldn’t be surprising. Kavanaugh, despite how much conservatives bled for him, is, even less surprisingly, a disappointment.
Justices Neil Gorsuch and Chief Justice John Roberts joined the liberal wing of the court to affirm that the law does cover discrimination by sexual orientation. Gorsuch, in fact, wrote the majority opinion. Justices Sam Alito and Clarence Thomas dissented. Finally, Justice Brett Kavanaugh wrote a separate dissent stating that he agreed with Alito and Thomas on the merits but sympathized with the majority’s conclusion. All five claimed their opinions adhered to a textualist reading of the law.
Textualist is better than simply inserting words into the Constitution. But it revises the meaning of the words that are already in there to mean things that they never represented. Or, in this case, the Civil Rights Act. It’s legislating from the bench in a slightly more respectable way, but one that typified the Warren Court. That this is now the moderate or even the conservative position is utterly disastrous.
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