Law Case Study

All regular papers must have at least 600 original words in the body. They must also have at least three external references (no dictionaries, wikis, encyclopedias, or text books, including supplementary text book material are included in the three) (citations that I give you for the assignment are not included in the three) (Copies of a case that I supply from other sources do not count, either!) referenced in the body of the paper using APA citing. The upload must be as a Microsoft document!!!!

You must also have a cover sheet and a reference sheet (APA citing again!). The reference sheet MUST BE alphabetized. It may be single or double spaced, using standard margins.

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I have given you information on APA citing under the Modules section.

Only the body of the paper, minus quotes, will be counted for the 600 words.
You must upload the paper under Assignments and it will automatically be sent to TurnItIn, which is a plagiarism checker. You must upload it as a Word document, and it must be from your university email address. If TurnItIn does not return a score within a short period of time, then you have not properly uploaded it, and it will not be graded. It will take a wee bit to compile and return the potential plagiarisms. Review these and correct accordingly. Remember that if ANY SENTENCE is more than 15% the same as another author’s work, it is not paraphrased and must be in quotes! If it is less, it can be end cited. Finally, if you must resubmit, please title the resubmission as attempt 2, 3, etc., so we know which one to review. Only Microsoft Word documents are acceptable for uploaded papers!

This paper is due at the start of class.
Late papers have one point deducted (out of 3), and must be uploaded within three days of the assigned date and time. After that, papers will not be accepted AT ALL.

Last week, the Supreme Court passed down a ruling that definitively extended the meaning of the term “sex” to included sexuality in the case of Bostock v Clayton County, Georgia (590 U.S. ____, 2020), decided 15 June 2020, relative to Title VII of the Civil Rights Act of 1964 (S. CT. case 17-1618).

Prior to this, sexuality was covered via legislation through anti-harrassment laws.

Did the Supreme Court, in a majority decision written by Justice Gorsuch, just legislate, as Justice Alito claims in his dissenting opinion when he wrote (starting on page 38):

ALITO, J., dissenting: Title VII of the Civil Rights Act of 1964 prohibits employment discrimination on any of five specified grounds: “race, color, religion, sex, [and] national origin.” 42 U. S. C. §2000e–2(a)(1). Neither “sexual orientation” nor “genderidentity” appears on that list. For the past 45 years, billshave been introduced in Congress to add
“sexual orientation” to the list, and in recent years, bills have included“gender identity” as well. But to date, none has passed both Houses. Last year, the House of Representatives passed a bill that would amend Title VII by defining sex discrimination to in-clude both
“sexual orientation” and “gender identity,” H. R. 5, 116th Cong., 1st Sess. (2019), but the bill has stalled in the Senate. An alternative bill, H. R. 5331, 116th Cong., 1st Sess. (2019), would add similar prohibitions but con-tains provisions to protect religious liberty. This bill remains before a House Subcommittee. Because no such amendment of Title VII has been enacted in accordance with the requirements in the Constitu-tion (passage in both Houses and
presentment to the Pres-ident, Art. I, §7, cl. 2), Title VII’s prohibition of discrimination because of “sex” still means what it has al-ways meant. But the Court is not deterred by these constitutional iceties. Usurping the constitutional authority ofthe other branches, the Court has essentially taken
H. R. 5’s provision on employment discrimination and issued it under the guise of statutory interpretation.
A more brazen abuse of our authority to interpret statutes is hard to recall.

Consider and discuss several things in writing this paper. First, what is the role of the Courts in the system of checks and balances that we have? What is the court’s purpose supposed to be?
Consider Justice Kavanaugh’s very well written dissent and thoughtful discussion (page 145 of the above cited case) of this matter.
Is, as he states, a judge’s duty to interpret the law as written, not to rewrite it, true? Did the Supremes just legislate?
You are not to discuss your opinion of the majority (6-3) decision being morally correct or not, but merely the legal problems, if any, with the decision relative to the question of legislating.

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