Within 35 minutes today at 10 a.m. Eastern, what some thought was the most conservative Supreme Court of all time concocted a fundamental right to transgenderism in the context of labor law, erased the Second Amendment, and interfered with a state death penalty case, but declined to interfere with a California law that criminalizes law enforcement cooperation with federal immigration agents.
Taken in totality, the “conservative” legal movement, which has promoted the idea of “appointing better judges” rather than fighting the entire concept of judicial supremacism, has failed miserably. This was its Waterloo.
Here is a brief summary of four very important decisions and orders issued by the court today:
- The justices denied certiorari to gun rights groups in 10 gun cases where states have denied citizens the right to carry arms under any circumstance. Justice Thomas dissented in the denial of cert in the New Jersey right to carry case and was joined by Justice Kavanagh. It takes four justices to agree to hear a case, and it’s not clear which of the others would also have agreed but didn’t sign on to the dissent. Despite the plain meaning of the Constitution, 10 years after Heller, and with circuit splits, the court refuses to act.
- In U.S. v. California et al., the Supreme Court denied the petition from the Department of Justice to overturn a Ninth Circuit ruling upholding California’s sanctuary law. California prohibits local law enforcement from cooperating with federal immigration agents. Only Thomas and Alito would have granted the appeal.
- In what has become a growing trend of SCOTUS interference with the few remaining capital punishment cases, the justices remanded a Texas capital case because they believe the accused did not have sufficient counsel. Alito dissented, joined by Thomas and Gorsuch.
- In a 6-3 opinion written by Justice Gorsuch, the court ruled that Title VII of the Civil Right act, which passed in 1964 before anyone could fathom transgenderism, applies to transgenderism and sexual orientation.
Taken together, these decisions show the court believes there is an inalienable right to transgenderism and illegal immigration but not to the Second Amendment. The court believes it can tamper with every state criminal and capital conviction on ever-evolving novel grounds, but it somehow believes a state can criminalize foundational federal immigration powers. A world upside down, and we only have one consistent originalist on the court in Clarence Thomas, with Justice Alito a step or two behind him.
By far, the most devastatingly consequential case of the day was the transgender “discrimination” case – Bostock v. Clayton County. Writing for the majority, Gorsuch claims that when the statute uses the term “sex,” it can apply to sexual orientation and gender identity. “An employer who fires an individual merely for being gay or transgender violates Title VII” of the Civil Rights Act of 1964, concluded Gorsuch. He was joined by the four Democrat appointees, as well as Chief Justice Roberts.
Well, it’s good to know that gender and sex are indeed not separate things, as the rainbow jihad lobby has indicated for so many years! But either way this ruling is absurd beyond belief.
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Source: Conservative Review