Focusing on rushing through a nominee to the United States Supreme Court rather than doing everything we can to work across the aisle to craft a solution. To the problems, the crises facing our nation. Tens of millions of americans, unemployed. Hundreds of thousands of businesses permanentlylo closed. Schools all over the country either not yet open or just barely opened, and thousands upon thousands of americans died alone in pain, and comforted by family, uncertain of how they came to be in this place and cared for by their country. Eight. 5million infected 220,000 or more dead. We are in the middle of a tragic pandemic and a recession made worse by our presence bungled mishandling of the pandemic, and instead of coming together to provide the reliefteng that all states d all people are calling for, we are doing this. We are doing this. Instead, my republican colleagues are walking over dangerous precipice doing something according to graham was unthinkable just two years ago , in th
Discrimination. Last october, the court heard oral arguments for two consolidated cases concerning employment and Sexual Orientation. This is an hour. We will hear in case 171618, bostic versus Clayton County in a consolidated case. Take you thank you. When an employer fires a male men, he for dating violates title vii. The employer has discriminated against the man because he treats that man worse than women who want to do the same thing. That discrimination is because of sex. Because the adverse employment malesis based on the employee to confirm about how men should behave that men should be attracted only to women and not to men. There is no analytic difference between this kind of discrimination and forms of discrimination that have been already recognized by every court to have addressed them. For example, discrimination against men who are effeminate rather than macho. That discrimination is because of nonconformity with an expectation of how men should behave. The attempt to ca
Who want to do the same thing. That discrimination is because of sex. Because the adverse employment malesis based on the employee to confirm about how men should behave that men should be attracted only to women and not to men. There is no analytic difference between this kind of discrimination and forms of discrimination that have been already recognized by every court to have addressed them. For example, discrimination against men who are effeminate rather than macho. That discrimination is because of nonconformity with an expectation of how men should behave. The attempt to carve out discrimination against men for being gay, from title vii, cannot be administered with either consistency or integrity. Resort tojudges to lexical deed county where epithets to determine whether or not discrimination is based on sex or Sexual Orientation. That attempt is futile because when a man is discriminated against for being gay, he is discriminated against for not conforming to an expectation abo
Orientation discrimination. This is about an hour. This discrimination is because of sex, because the adverse employment action is based on the male employees that you to conform to a particular expectation on how men should behave, namely that men should be attractive only to women, and not men. There is no analytic difference between this discrimination in forms of discrimination already recognized. Example, discriminant discrimination against men who are effeminate. That discrimination is because of nonconformity with an expectation about how men should hate. The attempt to carve out discrimination against men for not being gay from title vii cannot be administered with consistency or integrity. In the words of the on bond Second Circuit, it forces judges been counting to determine whether or not discrimination is based on sex or orientation. That is futile, because when a man is discriminated against for being gay, he is discriminated against for not conforming to expectations on h
In this illuminating day long discussion celebrating the 100th anniversary of the Supreme Court clerkships if you are just tuning in im head of the National Constitution center in philadelphia law professor here at George Washington university the Constitution Center is so honored to convene some former Supreme Court clerks to discuss how they are clerkships filled their lives im great to sit here with two appellate judges and two distinguished intellectuals and jurists both were Supreme Court clerks and acclaimed across america with their opinions and their rigor and i just cant wait to ask them how those clerkships influence their approach to the judging in the constitution will briefly incident show them by the judge sunsets on the us court of appeals on the sixth circuit and he is the author of such an important book i want you all to read it because it will transform your view with the making of constitutional law with other important works and he clerks both for Justice Powell an