Commentary
Last June, the Supreme Court made its ruling in Bostock v. Clayton County, a case that asked whether Title VII of the Civil Rights Act of 1964 prohibited employers from discriminating against gay or transgender people. Justices Ruth Bader Ginsburg, Stephen Breyer, Sonia Sotomayor, and Elena Kagan, the Court’s liberal core, were predictably aligned in favor of the view that it did. Chief Justice John Roberts, whose positions on such cases are harder to guess, sided with them, tipping the majority. Then came the sixth vote and the author of the majority opinion: Justice Neil Gorsuch.