Posted on 06/22/2020 1:17:22 AM PDT by Jacquerie
Subtitle: Scotus – The Fourth Political Institution.
As opposed to political and illogical court decisions like that of the 6-3 majority in Bostock v. Clayton County, decisions that leave readers scratching their heads, the Kavanaugh dissent is a waft of easy-to-read constitutional clarity.
Right away Kavanaugh asks, “Who decides?” What institution makes the laws? What happened to separation of powers? What happened to the ordinary meaning of words? It’s unfortunately a multigeneration problem with the scotus. Absolute power has a way of getting away. As illustrated in the 2015 Obergefell decision, based on wholesale abuse of the 14th Amendment, I suppose we should have expected this outcome in Bostock. Nonetheless, it is still a horrid jolt.
Title VII of the 1964 Civil Rights Act, itself a product of the 14th Amendment, prohibited discrimination on the basis of race, religion, color, sex, or national origin. Congress could have provided protections for homos, drag-queens and freaks, but it didn’t. It could do so today. In fact, the House and Senate in different congresses have passed bills to protect these people from intolerance. But, they couldn’t pass the same bills in the same congress and send them to Presidents Bush or Obama for their signature.
Kavanaugh supports non-discrimination of these people; he just doesn’t view the scotus as the proper vehicle. He referenced Federalist 78 in which Alexander Hamilton noted that courts exercise “neither force nor will, but merely judgment.” In a quaint throwback to Hamilton, Kavanaugh humbly says his role isn’t to make or amend law.
As enacted, Title VII did not prohibit bias on the basis of age, disability, or sexual orientation. Congress addressed, through laws signed by presidents, age and disability discrimination in 1967 and 1990 respectively.
(Excerpt) Read more at articlevblog.com ...
Judge Learned Hand said it was okay.
The cowards in congress do nothing about it. You would think that they would jealously guard their power but they (especially the Democrats) would rather the unelected judges do what they want to do but are to afraid of public opinion and voter backlash to do themselves. Other things they just can’t get the votes in congress to do.
That is what has happened in America, and it has been done by promoting big lies for at least 50 years.
https://www.supremecourt.gov/opinions/19pdf/17-1618_hfci.pdf
Thanks. I forgot to mention the dissent is the last section of the decision.
The Senate served the Framers’ purposes until 1913.
The people foolishly made the Senate congruent with the House, and we’ve been living with the awful results ever since.
Our only hope is repeal of the 17th.
He is close to Scalia.
I remember when Scalia informed Conservatives (to the dismay of some)that his opposition to a SCOTUS abortion decision was based on the Constitution and not a Catholic defense of Life. Scalia opposed Roe because he found no Constitutional reason for any federal court to be either pro or con on abortion - it was a matter for the states to decide, unless someone wanted to and succeeded in putting abortion in the Constitution.
Kavanaugh is coming from the same place, and extending the the reasoning, as Scalia would have, that “LGBT” was not written into the civil rights laws that were being used as part justification for the SCOTUS decision - much less more directly in the Constitution.
Kavanaugh, Scalia and others are right.
The worst Leftist decisions of the SCOTUS are part of a continuing power grab by the court, assigning to itself a power given only to the people - to amend the Constitution.
Very well said.
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