Friday, June 19, 2020

The Legislating Supreme Court, and Congress

Monday the Supreme Court issued its opinion In the Bostock v. Clayton County, Georgia case.

Minority Leader Senator Schumer of New York was quick to praise the Bostock opinion Monday and Tuesday:

Monday, June 15, 2020
• “before today, it was not a settled legal matter that you could sue your employer for firing you solely on the basis of sexual orientation or sexual identity.”

Tuesday, June 16, 2020
• The Supreme Court “should be” “moving us in a direction of equality and fairness”
• “Only a few days ago, our laws didn't clearly establish that you couldn't be fired by your employer simply because of who you are and whom you love.”

If it “was not a settled legal matter” or “our laws didn't clearly establish,” then that means this matter was not previously addressed in law.

If that changed with a Supreme Court opinion, then this is new law from the Supreme Court.

Senator Hawley of Missouri also spoke on Tuesday about the Bostock case:
I have now had a chance to read the case, the decision by the majority of the Court, and the two dissenting opinions.

I have to say I agree with the news reports that have said that this is truly a seismic decision. It is truly a historic decision. It is truly a historic piece of legislation.

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