In Bostock, Gorsuch, who wrote for a majority including Chief Justice John Roberts and four liberal judges, based his logic solely on textualism. He didn’t care what the authors of the 1964 law thought or might have thought. Since discrimination against gays and transgenders is based on their gender, without which they would not be singled out, he concluded that it was “because of sex” according to the law.


This post Scalia’s ghost haunts conservative judges was original published at “https://www.bloombergquint.com/gadfly/supreme-court-conservatives-split-over-originalism-textualism-and-scalia-legacy”

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