Progressives now hold that a conservative court mustn’t meddle in personal autonomy and intimacy. @RichardAEpstein

Oct 01, 02:42 AM
Image: U.S. Supreme Court exteriors. Landscaping at U.S. Supreme Court, left side and front

Richard Epstein: @RichardAEpstein, Chicago Law, NYU Law, Hoover; in re:    . . .  The political landscape is further confused because progressives have switched sides on judicial power. Having supported decisions like Roe v. Wade on abortion and Obergefell v. Hodges on gay marriage, progressives now believe that a conservative court should not be allowed to meddle in matters of personal autonomy and intimacy. Ironically, on this issue there is, at the moment, no definitive left/right split. The recent six-three majority decision in Bostock v. Clayton County, a weird textualist argument written by Justice Neil Gorsuch and joined by Chief Justice John Roberts, read into Title VII of the Civil Rights Act of 1964 the protection of transgender rights that had never been contemplated in 1964.