Monday, June 15, 2020

Six to Three, the Bostock Rule and What's Next

History has shown that all Democratic appointees are socially progressive and half of Republicans. Gorsuch, progressive, Kav, conservative. All justices are still Capitalist because the law is capitalist. It is no surprise that Gorsuch votes like his old mentor, Kennedy.

The expected breakdown in most cases (except affirmative action - which is hard to deal with because the laws have not been well written) is 4 on the left, two swingers in the center (Roberts and Gorsuch) and 3 conservatives (and one is the senior member - Thomas).

The 3 conservatives vote that way on process, not results. They believe Congress must break barriers on federal law (not state law - all are fully on board with the 14th Amendment as the vehicle for justice over action by state governments - even Thomas).

Anyone who is looking for Democratic appointees to bring a civil rights law case - especially on state law - needs to start filing those lawsuits. Any organization who waits cares more about fundraising than actually getting change done.

Bostock Rule should be easily applied to all LGBT cases. I cannot see any federal judge not applying it to all cases if it is argued. The Supreme Court will never have to hear another such case. Even the 4th Circuit.

The next frontier is to fund enforcement. The entire Blessed Community needs to get behind this with one voice.

The final frontier is to criminalize discrimination.  - which should be introduced in both houses next year (doing it this year will keep Moscow Mitch in leadership - seeking equality does not mean being stupid). Building the coalition needs to be done now. Announcing such an effort should happen the day after election day.

ENDA and probably the Equality Act are not necessary and raising money for the latter does not pass the smell test. Funding enforcement, however, will attract big money for everyone - because it will take time to build support - but we need to get rid of Trump, Pence and the Senate first. After that, we can go for 60 votes in 2022 and adding teeth.

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