Ordinary v. Literal Statutory Construction: Brett Kavanaugh's Dissent 2, Bostock v. Clayton Co 2020

Part 12: We're using the slip opinion this time, see below for a link. Why the Court's majority is wrong in Bostock v. Clayton County Georgia (2020) (part 12 in a series) about the faulty assumption that unexamined and unexplained transgenderism premises about sex and gender are properly included under "sex discrimination" language in Title VII of the 1964 Civil Rights Act --This continues to be a real hoot.

Part 12: We continue our in-depth examination of sex, gender, and separation of powers in the US Supreme Court decision Bostock v. Clayton County, GA 590 U.S. 644 (2020): the Republican dispute, how to understand it, and what to do about it.

We continue with Justice Kavanaugh's strong dissent (although there are a couple of issues, one kinda tacky, the other a bit more serious) grounded in the moral arc of separation of powers: to protect individual liberty. Justice Kavanaugh rightly concludes that the Court threatened individual liberty under the guise of protecting it -- a serious charge indeed -- and one I think is probably correct.

We get through the bottom of his page 15 in the slip opinion of his dissent, starting on the bottom of his page 6.

Part 12.

https://www.supremecourt.gov/opinions/19pdf/17-1618_hfci.pdf

The Republican Professor is a pro-separation-of-powers-rightly-construed podcast.

The Republican Professor is produced and hosted by Dr. Lucas J. Mather, Ph.D.

Warmly,

Lucas J. Mather, Ph.D.

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