"What's most problematic is that the extraordinary has become ordinary. It's just a matter of course now that when you issue an opinion that some people don't like, you're going to get threats, you're going to get death threats, and that is obviously problematic on many levels."
This script is based on a theory proposed by Bruce Ackerman, Sterling Professor of Law and Political Science at Yale Law School. Ackerman's idea is laid out in his 1991 book We The People: Foundations, and is discussed in the second of his Oliver Wendell Holmes Lectures of 2006. It's gained prominence since the 2024 election and the wholesale assault on our governmental system by Trump.
If you are a lawyer, are interested in being an AUSA, and support President Trump and anti-crime agenda, DM me. We need good prosecutors. And DOJ is hiring across the country. Now is your chance to join the mission and do good for our country.- Chad Mizelle (@chad_mizelle) January 31, 2026
And a ruling is very likely to break on predictable, ideological lines, 6-3, unless the case is handed back to a lower court. The Supreme Court gave a win to trans rights back in 2020, with the help of new conservative justice Neil Gorsuch, in the case which correlated employment discrimination based on both sexual orientation and gender identity with discrimiation "on the basis of sex," which is a violation of Title VII of the 1964 Civil Rights Act.