We have seen this movie before. The Supreme Court rewriting federal law to appease political correctness is one of the most destructive developments in American jurisprudence. It always disappoints and brings more, not less, pain to our country. We can expect a similar type of legacy for today’s decision.
As Justice Alito plainly puts it in dissent: “There is only one word for what the Court has done today: legislation.” Which of course is a fundamental violation of the separation of powers set by our Constitution.
The majority betrays the Constitution and, Justice Gorsuch and Chief Justice Roberts betray the textualism they purport to support with this nonsensical decision that hurts women most of all. The protections based on “sex” in federal law were specifically enacted to protect women and strengthen justice, not threaten it because of the beautiful differences between males and females. But today, the Court erases that and envisions a world where fundamental truths can be twisted to mean whatever the “woke” culture of the times dictates.
CWA General Counsel Mario Diaz, Esq. and Doreen Denny, VP of Government Relations, have more on the potential dangers of this disastrous decision.