Tuesday, July 28, 2020
Another day, another set of leaks to Joan Biskupic of CNN. Yesterday I wrote about Part I in Biskupic's series. That report was designed to make Chief Justice Roberts look powerful. Today, Biskupic published Part II in her series. This report was designed to make Justice Gorsuch look decisive, and in control. Specifically, the report highlights his steadfast position on Bostock. Biskupic counters speculation that the majority opinion flipped, and that Gorsuch and/or Roberts changed their mind. No, we learn, Gorsuch was with Bostock and Stephens from the beginning. Let's consider each element of the report.