On Monday, the Supreme Court handed down its decision on Bostock v. Clayton County. In it, the Court decided that the Civil Rights Act of 1964 would retroactively apply to homosexuals and transgenders, protecting them against employment discrimination.
What was once the stuff of BuzzFeed rants is now the law of the land: homophobia and transphobia are now morally equivalent to racism and misogyny in the United States of America.
The Bostock decision is bad. It is the most egregious instance of judicial activism since Obergefell v. Hodges, and perhaps even Roe v. Wade. But the fact that it was championed by a so-called conservative justice is catastrophic. For the majority opinion was written by none other than Justice Neil Gorsuch, President Trump’s first SCOTUS appointee and doyen of the Federalist Society—a man once dubbed “the Antonin Scalia of his generation.”
Your hosts Michael Warren Davis and Philip F. Lawler pick through this judicial train-wreck looking for answers. How did this happen? What’s going on with the conservative legal establishment? Is there something wrong with the Civil Rights Act—or with the Constitution itself?
Tune in to find out on episode four of The Crisis Point.