PostRepost B-Sides #2 - Dat Supreme Court
Kyle and Susi talk about the Supreme Court and what this election might mean for the bench.
Also listen as Susi tries to remember how all that Latin she learned in law school is pronounced.
Regarding HB2: http://www.slate.com/blogs/outward/2016/03/24/north_carolina_s_anti_lgbtq_law_is_unconstitutional.html
HB 2 is also unconstitutional—not maybe unconstitutional, or unconstitutional-before-the-right-judge, but in total contravention of established Supreme Court precedent. In fact, the court dealt with a very similar law in 1996’s Romer v. Evans, when it invalidated a Colorado measure that forbade municipalities from passing gay nondiscrimination ordinances. As the court explained in Romer, the Equal Protection Clause forbids a state from “singl[ing] out a certain class of citizens” and “impos[ing] a special disability upon those persons alone.” Such a law is “inexplicable by anything but animus toward the class it affects,” and under the 14th Amendment, “animosity” toward a “politically unpopular group” is not a “proper legislative end.” Just like the law invalidated in Romer, HB 2 “identifies persons by a single trait”—gay or trans identity—“and then denies them protection across the board.” The Equal Protection Clause cannot tolerate this “bare desire to harm” minorities.