The Blindness of Justice Gorsuch’s Woke Textualism
Neither the intent nor the letter of the Civil Rights Act, nor the Court’s own jurisprudence, compels sex blindness. The judges who have failed to see this truth are not “woke.” They’re asleep on the job.
The Fourteenth Amendment and Masterpiece Cakeshop: Equal Citizenship, our Inclusive Republic, and Anglo-American Common Law
The government cannot impose creedal and exclusionary limits on occupational freedom by compelling particular citizens to provide goods and services contrary to their beliefs, unless those citizens have such a monopoly market power as to exclude other citizens from the market.