Comments on: Does existing law ban workplace bias against gays? SCOTUS will decide https://www.overlawyered.com/2019/04/does-existing-law-ban-workplace-bias-against-gays/ Chronicling the high cost of our legal system Wed, 24 Apr 2019 17:52:27 +0000 hourly 1 By: SPO https://www.overlawyered.com/2019/04/does-existing-law-ban-workplace-bias-against-gays/comment-page-1/#comment-354056 Wed, 24 Apr 2019 17:52:27 +0000 https://www.overlawyered.com/?p=73205#comment-354056 In reply to Walter Olson.

I stand corrected and agree with your response.

]]> By: Walter Olson https://www.overlawyered.com/2019/04/does-existing-law-ban-workplace-bias-against-gays/comment-page-1/#comment-354049 Wed, 24 Apr 2019 14:01:39 +0000 https://www.overlawyered.com/?p=73205#comment-354049 In reply to SPO.

It is erroneous to see Posner as having decided. His opinion was a concurrence, while Judge Diane Wood wrote the majority opinion in the 8-3 ruling. (Various important players in employment discrimination law, such as the federal EEOC, had already endorsed the broad reading.) Posner is noteworthy not because his vote changed the outcome, but because of the starkness with which he was willing to ground the outcome in a philosophy of frank judicial activism.

]]> By: SPO https://www.overlawyered.com/2019/04/does-existing-law-ban-workplace-bias-against-gays/comment-page-1/#comment-354048 Wed, 24 Apr 2019 13:36:52 +0000 https://www.overlawyered.com/?p=73205#comment-354048 No one thought it did for years, then Posner decided to import it into the statute. That’s not the judicial function.

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