Monday, June 15, 2020

The dangerous Kavanaugh dissent in Bostock

Andrew Koppelman

Today, in Bostock v. Clayton County, the Supreme Court held that the Civil Rights Act of 1964 prohibits employment discrimination against gay and transgender people. That was obviously the right result, but three justices dissented. Brett Kavanaugh’s effort to evade the obvious conclusion was cleverer than Samuel Alito’s (which Clarence Thomas joined), but it was also more dangerous, because his approach would gut any law that aims to bring about significant social change.

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

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