Here’s The Only Path Open To Republicans After Neil Gorsuch’s Betrayal – By Hadley Arkes (The Federalist) / June 25 2020
The decision on transgender employees has delivered a blow to the president and party that sold Neil Gorsuch as what they accomplished in electing Donald Trump.
The defection of Justice Neil Gorsuch from the conservative side in the Supreme Court case on transgenderism has clearly delivered a blow to the Federalist Society and the people who have come together in the conservative legal movement. But the decision may also have the benefit of jolting Republicans from their willingness to rely on the courts to do the heavy lifting, to make the arguments that the political branches lacked the nerve or the wit to make.
The Republican Party had its first successful surge with the genius of Abraham Lincoln, leading a national movement to counter, narrow, and finally overturn the holding of the Supreme Court in the Dred Scott case. That case brought a new constitutional right not to be dispossessed of property in a slave when one entered a territory of the United States.
Abraham Lincoln saw that the decision could be extended to the states as well, making slavery national in its legal standing. Lincoln explained how the Republicans of his day could respect the decision in Dred Scott, while still leaving the political branches free to contest and counter that decision.
The logic of that position cannot be dislodged from our Constitution; it has been used in recent years mainly by the Democrats, but it is the precisely the path open to Republicans now if they would resist the vast effects portended in this decision on transgenderism.