UNLV Boyd School of Law professor Leslie C. Griffin comments on the U.S. Supreme Court’s decision in Bostock v. Clayton County, in which the Court held that under Title VII, an employer cannot fire an employee simply for being gay or transgender. Griffin considers what might happen next term when the Court takes up the question of whether religious organizations are exempt from these generally applicable laws and thus may discriminate against LGBTQ employees (and others).
Cornell law professor Michael C. Dorf considers how much freedom the government has to “level down” in response to a finding of impermissible discrimination. Dorf discusses several of the U.S. Supreme Court’s precedents on leveling down and points out that these decisions are difficult to reconcile with each other and leave unresolved the questions whether and when leveling down is permissible.
UNLV Boyd School of Law professor Leslie C. Griffin comments on the US Supreme Court’s 5–4 decision in Husted v. A. Philip Randolph Institute, in which the Court upheld the legality of Ohio’s voter list maintenance procedure. Griffin explains some of the key points made in each of the four opinions and shares a deeply personal story about how she came to understand how seemingly innocuous list-maintenance laws like the one in this case disproportionately affect minorities, low-income people, the disabled, the homeless, and veterans—just as Justice Sotomayor described in her separate dissent.