The Truth Is Out There
Case in Point: The Legal Show on the Hottest Legal Cases in Politics and Culture
The Heritage Foundation
4.5 • 527 Ratings
🗓️ 24 April 2019
⏱️ 34 minutes
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| 0:00.0 | I'm Elizabeth Lattery and welcome to SCOTUS 101, where we break down what's happening at the Supreme Court, |
| 0:08.8 | what the justices are up to, and other things related to our favorite branch of government. |
| 0:13.0 | This week, I'm joined by my heritage colleague Hans von Spikovsky. |
| 0:16.4 | Thanks for joining me, Hans. |
| 0:17.8 | Elizabeth, thanks for letting me help you guest co-host. |
| 0:22.4 | So let's jump right into this week's orders list. |
| 0:25.0 | The court granted cert in five cases, which will be argued next term. |
| 0:29.2 | First up, consolidated cases, Altitude Express v. Zarda and Bostock v. Clayton County. |
| 0:35.1 | And the issue is whether Title VII's prohibition on sex |
| 0:38.7 | discrimination and employment covers sexual orientation. So Title VII of the 1964 Civil Rights |
| 0:45.4 | Act prohibits employers from failing to hire, firing, or otherwise discriminating in the terms |
| 0:51.3 | and conditions of employment based on an individual's race, color, religion, |
| 0:55.8 | sex, or national origin. So the issue here is, does sex include something more than sex? Does it |
| 1:02.8 | include sexual orientation? So these cases were relisted more than a dozen times. So many SCOTUS |
| 1:08.7 | watchers expected one of the justices was probably |
| 1:11.7 | writing a dissent from denial of cert. But now the court will hear this pair of cases in |
| 1:16.3 | addition to another one raising a similar issue, which is Harris Funeral Homes v. EEOC. |
| 1:21.6 | And that raises the issue of whether sex discrimination covers gender identity, either as a protected |
| 1:30.9 | status or whether it falls under sex stereotyping following a 1989 Supreme Court decision |
| 1:37.7 | called Pricewaterhouse v. Hopkins. So Hans, what do you think is going on here? Well, look, |
| 1:42.8 | this is an issue that's been bubbling up in the federal courts all over the country. |
| 1:47.1 | So I think the Supreme Court realized finally they have to make a decision on it. |
... |
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