The Supreme court delivered one of their more controversial rulings in Bostock v. Clayton County. The MSM called it “very surprising” because two Republican appointees voted with the liberal minority with Justice Gorsuch authoring the opinion. Many Republicans and the three Justices who voted against the ruling were very unhappy about it. I am sorry to say in this case I believe they are wrong.
This dispute is between the Originalists and the Textualists. In plain English that is the running dispute between the people who believe judges should not give their own meaning to laws and abide by what the legislative branch wrote and the executive branch signed into law. Typically, Justice Gorsuch believes it is not his job to stray from the written word of the law. I agree with that and abhor left-wing jurists manipulating rulings to meet their own policy goals by not abiding by the written words and giving their own interpretation to those words.
Three examples of what I consider “making up laws from the bench” that I find distasteful are: 1) Roe V. Wade which made up rules to nationalize abortion when the Justices made up the standards out of whole cloth (by… Read More