Quote (Thor123422 @ Jun 17 2020 12:21am)
This case will be very easily applicable if the wording in the relevant laws are written with the phrasing "Based on sex". This was a pretty broad ruling in that it established that all you need for a case where the law says "based on X' is a but-for test. A but-for test is where you just change the sex, and if that would result in a change then it is illegal.
Yet a 'but-for' test precludes any exclusive traits or actions to a group. Which might seem okay at face value, but quickly poses issues. If a but-for standard is applied across the board on all laws, you can't have public rape shelters for women only, you can't discriminate against a nondisabled person for parking in a handicap spot, you can't bar non-veterans from accessing VA care, and you sure as shit can't have affirmative action.
The high court may have intentionally stopped short of applying that standard across the board, but logically its a plain inconsistency to not define classes and discrimination by the same standards when they derive from the same umbrella law.
An overly conspiracy-minded person might think Gorsuch just roped the liberals in the court into a precedent he'll cite to strike down affirmative action.
This post was edited by Goomshill on Jun 17 2020 07:20am