Bostock was Bogus: Textualism, Pluralism, and Title VII


Next in Jurisprudence and Legal Theory

In Bostock v. Clayton County, the Supreme Court held that federal antidiscrimination law prohibits employment discrimination on grounds of sexual orientation and gender identity. Mitchell N. Berman shows that conservative critics of the majority’s reasoning were correct—up to a point.

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Image courtesy of interviewee. June 1, 2022

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