The Supreme Court Case Testing the Limits of Gorsuch’s Textualism
In three cases argued last week—Bostock v. Clayton County, Altitude Express v. Zarda, and Harris Funeral Homes v. EEOC—the Supreme Court confronted this question: Does Title VII of the Civil Rights Act of 1964, which prohibits employment discrimination “because of [an] individual’s … sex” forbid discrimination on the basis of sexual orientation or gender identity? Several lower …
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