OA397: Explaining Bostock v. Clayton County

<p><!-- wp:paragraph --></p> <p>This episode breaks down exactly what happened in the Supreme Court's surprising 6-3 <a href= "https://www.supremecourt.gov/opinions/19pdf/17-1618_hfci.pdf">decision in <em>Bostock v. Clayton County</em></a> holding that discrimination on the basis of sexual orientation and/or gender identity is discrimination "because of sex" under Title VII of the Civil Rights Act of 1964. It's a great decision, we tell you why, and we give you some additional insights about Neil Gorsuch.</p> <p><!-- /wp:paragraph --></p> <p><!-- wp:paragraph --></p> <p>We begin by diving into the case! We tell you exactly what it does (and doesn't) mean, figure out why this case took so long to get to a decision, and how it's exactly the ruling we thought <em>might</em> have been possible ever since the 7th Circuit's <em>en banc</em> decision in <em>Hively v. Ivy Tech</em> that <a href="https://openargs.com/oa60-sex-sexual-orientation/">we discussed way back in Episode 60</a>.</p> <p><!-- /wp:paragraph --></p> <p><!-- wp:paragraph --></p> <p>In figuring that out, we discuss the narrow differences between "texualism" and "originalism," even though this show tends to lump them together.</p> <p><!-- /wp:paragraph --></p> <p><!-- wp:paragraph --></p> <p>As part of the analysis, we take a look into Neil Gorsuch's voting patterns to see if he's a secret liberal. Hint: he isn't.</p> <p><!-- /wp:paragraph --></p> <p><!-- wp:paragraph --></p> <p>After all that, it's time for the #T3BE answer on Constitutional law. Can the university fire a professor for her political views? Listen and find out!</p> <p><!-- /wp:paragraph --></p> <p><!-- wp:paragraph --></p> <p><strong>Patreon Bonuses</strong></p> <p><!-- /wp:paragraph --></p> <p><!-- wp:paragraph --></p> <p>All patrons get a special <a href= "https://www.patreon.com/posts/lam40-amicus-38211018">behind-the-scenes deep dive into our amicus brief</a>!</p> <p><!-- /wp:paragraph --></p> <p><!-- wp:paragraph --></p> <p><strong>Appearances</strong></p> <p><!-- /wp:paragraph --><