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Case in Point: The Legal Show on the Hottest Legal Cases in Politics and Culture

The Truth Is Out There

Case in Point: The Legal Show on the Hottest Legal Cases in Politics and Culture

The Heritage Foundation

Government

4.5527 Ratings

🗓️ 24 April 2019

⏱️ 34 minutes

🧾️ Download transcript

Summary

Fellow Heritage scholar Hans von Spakovsky joins Elizabeth Slattery to talk about the Title VII sex discrimination cases coming to SCOTUS next term and the oral argument in a case challenging the Trump Administration's plan to add a citizenship question to the 2020 census. Elizabeth also chats with 10th Circuit Judge Joel Carson about UFOs, livestock auctions, and more. Stay tuned for Supreme Trivia - Judge Carson is in the hot seat!Follow us on Twitter @scotus101 and send comments, questions, or ideas for future episodes to scotus101@heritage.org. And don't forget to leave a 5-star rating!

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Transcript

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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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