#SCOTUS denies several cases challenging “qualified immunity,” the doctrine that shields police from being sued for constitutional violations
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In Bostock,
#SCOTUS says: "An employer who fires an individual for being homosexual or transgender fires that person for traits or actions it would not have questioned in members of a different sex. Sex plays a necessary and undisguisable role in the decision."Show this thread
Gorsuch acknowledges that "Those who adopted the Civil Rights Act might not have anticipated their work would lead to this particular result.... But the limits of the drafters’ imagination supply no reason to ignore the law’s demands."
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Alito, joined by Thomas, dissents, stating: "There is only one word for what the Court has done today: legislation. The document that the Court releases is in the form of a judicial opinion interpreting a statute, but that is deceptive."
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In other
#SCOTUS news, Court rules for Atlantic Coast Pipeline in No 18-1584 US Forest Service v Cowpasture River Assn, a permitting dispute over the proposed $7.5B pipeline. Background:https://news.bloomberglaw.com/us-law-week/dominions-atlantic-coast-pipeline-gets-supreme-court-hearing?context=search&index=0 …Show this thread
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Essa colocação não foge ao originalismo,
@AdoniasRdeCNeto? -
Tiago, eu esperava q Gorsuch escreveria esse voto. O originalismo se aplica + para a Constituição. O equivalente das leis é o textualismo. E o que vale é a semântica comum dos termos à época q e foi aprovado, e não a intenção do legislador. A vontade do legislador ñ tem valor.
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Meaning unexpected?
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It’s almost like textualism and originalism are two different things that are often at cross purposes, Justice Scalia’s protestations notwithstanding.
Thanks. Twitter will use this to make your timeline better. UndoUndo
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Great! Now do voting rights.
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That is a rather nauseating and begrudging concession. IMO I wish we had a Supreme Court less beholden to the Vatican Glad for the decision, though. *whew*
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Vatican? You know they are not all catholic. I would prefer a court that wasn’t political and upheld ALL are created equal
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