We Need To Reject Judicial Supremacy Now More Than Ever Opinion
Bostock has revealed the limits of a purely proceduralist method of legal interpretation, shorn of its natural law underpinning. A jurisprudence rooted in natural law would have strained to answer the rudimentary question of what actually constitutes a man and a woman for purposes of unjust discrimination. Gorsuch’s majority opinion sidesteps that question by assuming that a mere willful assertion of one’s sex suffices for what Title VII calls “sex....