This episode breaks down exactly what happened in the Supreme Court’s surprising 6-3 decision in Bostock v. Clayton County holding that discrimination on the basis of sexual orientation and/or gender identity is discrimination “because of sex” under Title VII of the Civil Rights Act of 1964. It’s a great decision, we tell you why, and we give you some additional insights about Neil Gorsuch.
We begin by diving into the case! We tell you exactly what it does (and doesn’t) mean, figure out why this case took so long to get to a decision, and how it’s exactly the ruling we thought might have been possible ever since the 7th Circuit’s en banc decision in Hively v. Ivy Tech that we discussed way back in Episode 60.
In figuring that out, we discuss the narrow differences between “texualism” and “originalism,” even though this show tends to lump them together.
As part of the analysis, we take a look into Neil Gorsuch’s voting patterns to see if he’s a secret liberal. Hint: he isn’t.
After all that, it’s time for the #T3BE answer on Constitutional law. Can the university fire a professor for her political views? Listen and find out!
All patrons get a special behind-the-scenes deep dive into our amicus brief!
None! But if you’d like to have either of us as a guest on your show, event, or in front of your group (virtually!), please drop us an email at firstname.lastname@example.org.
Show Notes & Links
- Go ahead and read the Court’s decision in Bostock v. Clayton County for yourself if you haven’t yet.
- We discussed the 7th Circuit’s en banc decision in Hively v. Ivy Tech back in Episode 60, with specific emphasis on the Flaum & Ripple concurrence. We also discussed R.G. & G.R. Harris Funeral Homes in Episode 167.
-Support us on Patreon at: patreon.com/law
-Follow us on Twitter: @Openargs
-Facebook: https://www.facebook.com/openargs/, and don’t forget the OA Facebook Community!
-For show-related questions, check out the Opening Arguments Wiki, which now has its own Twitter feed! @oawiki
-Remember to check out our YouTube Channel for Opening Arguments: The Briefs and other specials!
-And finally, remember that you can email us at email@example.com!