Justice Gorsuch Just Opened Pandora’s Box, by Helen Andrews

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FILE - In this Tuesday, Jan. 31, 2017, file photo, Judge Neil Gorsuch stands with his wife Marie Louise Gorsuch as President Donald Trump announces him as his choice for the Supreme Court in the East Room of the White House in Washington. Somewhere between the Republican caricature of the next justice of the Supreme Court as a folksy family guy and the Democrats’ demonization of him as a cold-hearted automaton, there stands Neil Gorsuch. (AP Photo/Carolyn Kaster, File)

This is not a narrow ruling. Extending civil rights law to protect a whole new category carries with it a host of ancillary protections.

Helen Andrews is a senior editor at The American Conservative, and the author of a forthcoming book about the Baby Boomers to be published by Sentinel this fall. …

 

Six months ago, when journalist Christopher Caldwell published a book asserting that the Civil Rights Act of 1964 had grown into a “rival constitution” that superseded the old Constitution, everyone laughed. The New York Times review accused Caldwell of rehashing old segregationist arguments. Singled out for particular ridicule was the sentence on the penultimate page of The Age of Entitlement where Caldwell advises conservatives that “the only way back to the free country of their ideals was through the repeal of the civil rights laws.” How could the fate of American freedom depend on something so radical, and so unlikely, as the repeal of the Civil Rights Act?

No one is laughing now.