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Welcome to the official home and wonderful world of Pulitzer Prize Winning Political Cartoonist Michael P. Ramirez, daily editorial cartoonist for the Las Vegas Review Journal |
JUNE 15, 2020 BY PAUL MIRENGOFF POWERLINE
SUPREME COURT, PER NEIL GORSUCH, INVENTS NEW LGBT RIGHTS
In this time of pandemic, it’s easy to lose a robust sense of where we are in the year. Today, the Supreme Court reminded us that we’re at the time of year when it delivers decisions in major cases.
Until recently, this was a dreaded time for conservatives. We dreaded it mainly because the Supreme Court was prone to inventing new constitutional rights based on its policy preferences, not on any credible reading of the Constitution.
With the addition to the Court of Justices Gorsuch and Kavanaugh, and the subtraction of Justice Kennedy, there seemed to be less reason for dread. Today, however, the Court, in an opinion by Gorsuch, one-upped the Kennedy Courts. It invented new rights based not on the Constitution, but on a statute that plainly does not confer them.
The statute is Title VII of the Civil Rights Act of 1964. The new rights are freedom for lesbians, gays, and transgender individual from employment discrimination based on their LGT status.
These are rights that, properly understood, I believe such individuals should have. Employment discrimination, properly understood, because of sexual orientation and gender identity is wrong.
Today’s decision may reduce the amount of it. On the other hand, it will lead to the filing of a great many meritless suits and will enable left-liberal judges to construe Title VII as banning sex-specific restrooms, locker rooms, and shower facilities, and to take the statute on additional absurd and harmful frolics.
But all of this is beside the point. The point is that Congress has never banned discrimination against lesbians, gays, and transgender individuals. Rather, it has continuously declined to do so.
Yet, Chief Justice Roberts and Justice Gorsuch joined the four liberal Justices to conjure up such a ban. The four libs were happy to turn the floor over to Justice Gorsuch for his own absurd frolic into pseudo “textualism.”
They must have had a good laugh. This isn’t the first time that idiosyncratic pseudo-conservative legal theory has played into their hand. read more
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