vynessia
2020-06-15T17:48:03.000Z
[LGBT rights; the Supreme Court] I'm reading the Gorsuch opinion and getting the impression that the employers made a particularly stupid argument that got under his skin, because he goes back three separate times to emphasize that their argument is not only wrong but doubly damning.
latest #20
vynessia
2020-06-15T17:48:21.000Z
(See pages 8-9, 12-13, and 20-23. Or just search for the verb "doubles", as in "an employer who fires both lesbians and gay men equally doesn’t diminish but doubles its liability.")
vynessia
2020-06-15T17:49:35.000Z
Price Waterhouse v. Hopkins : Don't discriminate on the basis of sex means you can't fire a woman for doing a thing unless you would also fire a man that thing (and vice versa)
The employers: So it's okay to fire a gay man if we'd also fire a lesbian?
The Court: that is not even close what the hell you guys
vynessia
2020-06-15T17:51:55.000Z
He keeps referencing Alito's dissent when he wants to address a counterargument. Poor Kavenaugh also wrote a dissent but isn't getting nearly as much attention.
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vynessia
2020-06-15T17:55:35.000Z
Nice bit near the end about legislative intent: *As Yeskey and today’s cases exemplify, applying protective laws to groups that were politically unpopular at the time of the law’s passage—whether prisoners in the 1990s or homosexual and transgender employees
in the 1960s—often may be seen as unexpected.*
vynessia
2020-06-15T17:56:27.000Z
But to refuse enforcement just because of that, because the parties before us happened to be unpopular at the time of the law’s passage, would not only require us to abandon our role as interpreters of statutes;
vynessia
2020-06-15T17:56:44.000Z
it would tilt the scales of justice in favor of the strong or popular and neglect the promise that all persons are entitled to the benefit of the law’s terms.
vynessia
2020-06-15T17:58:30.000Z
Alito's dissent is 107 pages long. What the hell man.
vynessia
2020-06-15T18:01:20.000Z
It has four appendices
vynessia
2020-06-15T18:02:10.000Z
11 pages and two appendices are just different dictionary definitions of the word "sex"
vynessia
2020-06-15T18:04:51.000Z
But even his main dissent is still twice the length of Kavenaugh's, which is probably why Gorsuch was using him for a pell.
vynessia
2020-06-15T18:06:34.000Z
... speaking of Kavenaugh. Buddy. Bro. Chum. I get that you don't make the rules about formatting Supreme Court documents. You can't turn on widow-orphan control or keep-with-next or anything.
vynessia
2020-06-15T18:07:06.000Z
But maybe. Just maybe. Cut down or inflate your word count somewhere.
vynessia
2020-06-15T18:07:29.000Z
Please. Because right now your puny little dissent ends...
vynessia
2020-06-15T18:08:49.000Z
Under the Constitution’s separation of powers, however, I believe that it was Congress’s role, not this Court’s, to amend Title VII. I therefore must respectfully dissent from the
vynessia
2020-06-15T18:08:57.000Z
PAGE BREAK
vynessia
2020-06-15T18:09:26.000Z
Court's judgment.
vynessia
2020-06-15T18:10:17.000Z
https://images.plurk.com/5J68ySXlQABaq6Ou0GwAjR.jpg
KawaiiMedusa
2020-06-15T19:10:25.000Z
.....oh my god it does NOT
Tapired
2020-06-16T00:03:08.000Z
omfg
vynessia
2020-06-16T04:58:06.000Z
Update: The argument Gorsuch kept coming back to refute wasn't from the employers, it was from the SG's office.
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