Wednesday, October 09, 2019

Justice Gorsuch's dilemma

Andrew Koppelman

The big news in Tuesday’s Supreme Court argument, in cases on whether federal law protects LGBT people from job discrimination, is that one of the Court’s most conservative justices seemed genuinely torn. Neil Gorsuch isn’t ideologically disposed to favor LGBT claims, but he is also devoted to following a statute’s text wherever it goes—and here it points toward protection from discrimination. Given the notorious polarization of both the Court and contemporary America, that might be good news—if Gorsuch is really willing to be an honest textualist.

I elaborate in a new piece at The American Prospect, here.

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