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re: SCOTUS Reasoning

Posted on 6/16/20 at 12:22 pm to
Posted by Meatflap
Houston, TX
Member since Jun 2014
70 posts
Posted on 6/16/20 at 12:22 pm to
Although the original person I responded to and I were discussing a different aspect of this ruling, I can see your point. I do however disagree that the Supreme Court made law. It is their job to interpret law as it says on their own website. First paragraph:

"EQUAL JUSTICE UNDER LAW"-These words, written above the main entrance to the Supreme Court Building, express the ultimate responsibility of the Supreme Court of the United States. The Court is the highest tribunal in the Nation for all cases and controversies arising under the Constitution or the laws of the United States. As the final arbiter of the law, the Court is charged with ensuring the American people the promise of equal justice under law and, thereby, also functions as guardian and interpreter of the Constitution.


Supremecourt.gov

It would be their job to interpret existing laws and draw deductions from those laws and apply them to situations which have no prior ruling. The buck has to stop somewhere and since there wasn't any language specifically calling out LGBTQ people, the supreme court had to deduce from already established law.

I would ask though that if the SCOTUS didn't rule on this at all, under whose purview would it be to say whether or not these people were protected from discrimination?
Posted by GeauxFightingTigers1
Member since Oct 2016
12574 posts
Posted on 6/16/20 at 12:24 pm to
quote:

I would ask though that if the SCOTUS didn't rule on this at all, under whose purview would it be to say whether or not these people were protected from discrimination?


The cases would be final at the appeals level. Happens in millions of cases a year.

They didn't interrupt anything, they rewrote it which now will probably defeat the whole purpose of the act, at least in part. If you doubt me, where does the chicks with dicks come into play? It doesn't, the Supreme Court wanted them covered... by some type of witch craft, they're covered.

Congress could in theory cover them but we're talking of covering behavior at that point.
This post was edited on 6/16/20 at 12:28 pm
Posted by FooManChoo
Member since Dec 2012
41789 posts
Posted on 6/16/20 at 12:48 pm to
quote:

I do however disagree that the Supreme Court made law. It is their job to interpret law...
I understand what their role is. The issue I have is that I don't believe this ruling was simply an interpretation. When, by their ruling, the justices have added the language of "sexual orientation" and "gender identity" into the law, they have created legislation. You can tell this has happened because the very thing they accomplished has been under debate by Congress (where the fight is supposed to live) for years. Getting the law changed to specifically protect orientation and identity has been going for a while now and that fight stopped immediately when the SCOTUS issued their ruling. That's not an interpretation: that's a flat-out alteration of the law based on a redefinition of the term "sex".

You can tell that this "interpretation" was a change to the law when employers are forced to update their policies to reflect this new language even though that language isn't in the applicable law.

quote:

It would be their job to interpret existing laws and draw deductions from those laws and apply them to situations which have no prior ruling. The buck has to stop somewhere and since there wasn't any language specifically calling out LGBTQ people, the supreme court had to deduce from already established law.
Not at all. They are supposed to rule according to the law. If the law is silent, they are to be silent, as well. They are not supposed to make up for deficiencies within the law by filling the gaps with their rulings.

The right decision would have been to say that the law specifically mentions that discrimination by sex is called out--which was understood as being biological and anatomic differences between males and females--and that sex is fundamentally different from sexual orientation and gender identity, and that the onus is on law makers in Congress to update the existing laws to reflect the will of the people. That's how our government is supposed to work.

quote:

I would ask though that if the SCOTUS didn't rule on this at all, under whose purview would it be to say whether or not these people were protected from discrimination?
It's the purview of the courts to say that the law is clear in its intent and that there is no case to sue if there is no protection for a particular group or characteristic left out. The responsibility would be on Congress, then, to update the laws accordingly.
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