June 20, 2020
The most surprising news of the day yesterday came from the U.S. Supreme Court which, in a 6-3 decision, ruled that Title VII, part of the Civil Rights Act of 1964, which prohibits discrimination in the workplace on the basis of race, color, religion, sex, or national origin, is broad enough to ban discrimination against gay, lesbian and transgendered employees.
Surprising because the majority opinion was written by Justice Gorsuch, the Trump appointee who earned his seat only after the Republicans on the Judiciary Committee refused to act on President Obama’s nomination of Merrick Garland for the seat vacated upon Justice Scalia’s death.
Surprising because Chief Justice Roberts joined the majority.
And surprising because no constitutional issue was at stake: this case simply involved the question of how to interpret statutory language.
And, if Congress is unhappy with the Court’s interpretation of the law, Congress is welcome to change it.