Fellow American,
Judicial activism won again — and the rule of law lost.
That’s the only way to describe the Supreme Court’s decision-making on Monday.
A majority of the Court once again chose to legislate from the judicial bench and undermine our government’s necessary separation of powers, while the mainstream media cheered them on.
Particularly since Roe v. Wade was decided in 1973, the Supreme Court has seized from Congress the power to make law and, simultaneously, abdicated its constitutional responsibility to faithfully interpret it.
And this week, the Supreme Court decided that “sex” — as in, biological sex and an important part of the landmark Civil Rights Act — could mean biological sex or gender identity or sexual orientation … even though it’s clear that wasn’t lawmakers’ intent and even though the left has tried unsuccessfully to pass new legislation to specifically add these terms for decades.
As Justice Alito put it in his dissent, “There is only one word for what the Court has done today: legislation. The document that the Court releases is in the form of a judicial opinion interpreting a statue, but that is deceptive.”
The Court has said that its decision applies only to employment decisions. But you and I understand that isn’t so.
Will women’s and girls’ sports leagues now have to admit any male athlete who identifies as female? Will private spaces for women — like bathrooms, locker rooms, and even domestic violence shelters — now be found to violate federal law?
The potential effects of the Court’s decision this week are widespread, and I predict it will kick off a new wave of legal challenges.
The Civil Rights Act created special protections for women and girls. Now the Supreme Court has re-written that piece of legislation, without any constitutional authority — and potentially ended those protections for good.
Fellow American, I’ll share more with you in my next email, but if you’re ready to take action on this important issue, please join the American Principles Project’s petition to protect girls’ sports.
It’s up to you and me to ensure that Congress steps up, takes back its legislative authority from the Court, and acts to protect the rights of future generations — and especially women and girls.