Are we all textualists now?: Amy Howe and Kevin Russell discuss oral arguments in LGBT employment discrimination cases

This week on SCOTUStalk, Amy Howe sits down withKevin Russell to discuss the oral arguments inthe LGBT employmentdiscrimination cases heard by the court last week.The pair talk aboutPam Karlan’s opening argument in Bostock v. Clayton County, the two-minute rule, Justice Kagan’s interpretation of “because of sex” and Justice Gorsuch’s concern about the “massive social upheaval that would be entailed” by deciding that sex discrimination under Title VII covers transgender people. Kevin Russell is a partner at Goldstein & Russell and has argued 12 cases before the Supreme Court.

Disclosure: Goldstein & Russell, P.C., is counsel on an amicus brief in support of respondent Stephens in Harris Funeral Homes v EEOC.

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