Et tu, Gorsuch?
Here is a link to the U.S. Supreme Court opinion in Bostock v. Clayton County. The opinions total 172 pages so it will take a little time to read, digest and reflect.
In short, the opinion is heartbreakingly activist.
Here’s a very brief summary: The vote was 6-3 holding that the 1964 Civil Rights Act is applied in the workplace to people who present as transgender and/or homosexual. The role of the Judiciary is not to legislate from the bench, but rather to faithfully apply the original public meaning of the law to the facts and to yield the result of a prevailing party. The majority utterly fails in that regard.
Justice Neil Gorsuch utterly fails in that regard.
The majority opinion attempts to write new highly controversial social policy into the law that bears no relationship to the original public meaning of the statute at issue. The opinion is an anti-constitutional exercise of raw judicial activism and Justice Gorsuch led the effort with Chief Justice Roberts’ in agreement.
The majority justices are: Justice Gorsuch, Chief Justice Roberts, and Justices Ginsburg, Breyer, Sotomayor and Kagan.
The majority opinion was written by Justice Neil Gorsuch.
The dissenting justices are Thomas, Alito and Kavanaugh.
Justice Alito wrote a dissenting opinion that was joined by Justice Thomas.
Justice Kavanaugh wrote a separate dissenting opinion.
I plan to share more as I read the opinions.
Respectfully, Phillip L. Jauregui
Judicial Action Group