Tuesday, June 16, 2020

WSJ: Another Win For The Kagan Court

I hope they're wrong, but fear they're right.
   I'm skeptical about this claim cropping up all over the rightosphere that the decision involves redefining 'sex.' Rather, the majority seems to argue that, accepting the ordinary meaning of 'sex,' outlawing sex-discrimination in hiring entails outlawing other things (sexual preference and "trans" status) that have gone unrecognized. That's not clearly a thesis about meaning. 
   There are reasons to be concerned about further implications of this decision--but I doubt the complaints about redefinition are right. I am at least somewhat sympathetic to the view that this should have been a legislative decision. And I agree that the Court has gotten into a habit of overstepping its bounds.
   And this decision stokes my concerns about a Democratic win in November, of course--even thought I'm generally sympathetic to protecting sexual preferences in employment.
   But I haven't read the decision and need to think about it more.

0 Comments:

Post a Comment

Subscribe to Post Comments [Atom]

<< Home