Please write a case comment on the judgement of the US Supreme Court in Bostock v. Clayton County (2020). The case comment should focus exclusively on issues relating to statutory interpretation.
Here is a link to the case: https://www.supremecourt.gov/opinions/19pdf/17-1618_hfci.pdf
Assess the merits of a selection of interpretive arguments launched by the majority and the dissents. Choose a few key arguments that demonstrate useful points about statutory interpretation. Which arguments are particularly persuasive? Which ones are particularly unpersuasive? Did the judges use versions of originalism, dynamism, etc., in a particularly persuasive or clever way? Did the judges’ own personal ideological preferences have an impact on the decisions of the court? These are the sorts of issues that the case comment should consider.
Also, try to use the same interpretive arguments to reach another conclusion. Given that multiple decisions can be reached, why do judges pretend to be constrained?
The following papers may have some useful material to consider:
“Good Intentions” by Randy N. Graham
“The Myth of Originalism” by Randal N M Graham
“What Judges Want: Judicial Self-interest and Statutory Interpretation” by Randal N. M. Graham
“The Plain Meaning Rule and Other Ways to Cheat at Statutory Interpretation” by Ruth Sullivan: http://aix1.uottawa.ca/~resulliv/legdr/pmr.html
Please refer to the papers above in the case comment if possible and feel free to cite any other helpful resources.
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