2 ms·
Thank you for clarifying. I haven’t read the opinion yet, but have read some of the lower court rulings. I really thought they might split on orientation vs t
by kenjackson 6y ago
Thank you for clarifying. I haven’t read the opinion yet, but have read some of the lower court rulings. I really thought they might split on orientation vs transgender. Orientation does feel like the bigger leap logically.
Curious, historically what typically has stronger lasting power — a Supreme Court ruling or a law enacted by Congress? I feel like it would be the Supreme Court because the personnel churns more slowly, but there’s probably data on this.
- cosmie 6y agoIt really depends. In this case, the Court interpreted an act of law enacted by Congress[1]. Congress has the authority to set statutory law as they see fit, and are fully within their rights to pass a bill that clarifies their intent, by either cementing the interpretation of the Court or by contradicting it. After which, that is the new law of the land, superseding the previous opinion of the court where it may have differed. It's different if the opinion were based on Constitutional grounds. Congress can rewrite laws they've passed as they see fit, potentially rendering Supreme Court rulings based on them moot in the process. They don't have the luxury of rewriting the Constitution though, so Court rulings based on Constitutional law have significantly more lasting power. Once the precedence of that opinion is set, the freedom of Congress to do what they want in that area becomes heavily constrained. They can still pass laws that contradict that opinion, but will likely end up with a fast track in front of the Supreme Court having to convince the Court on why their law shouldn't be stricken down as unconstitutional based on that prior precedence. [1] Title VII of the Civil Rights Act of 1964