Why might Justice Gorsuch think that this issue is more appropriately decided by Congress rather than the Court, or as he phrases it, for the Court to exercise "judicial modesty?" Harris Funeral Home V EEOC

Answers

Answer 1

Justice Gorsuch's perspective on the issue in the Harris Funeral Home v. EEOC case, where the Court considered the application of Title VII of the Civil Rights Act of 1964 to transgender individuals, is based on his judicial philosophy of "judicial modesty".

Here are some reasons why he might think the issue is more appropriately decided by Congress:

1. Separation of Powers: Justice Gorsuch may emphasize the principle of separation of powers and the role of each branch of government. He might believe that policy decisions, such as expanding the scope of protected classes under employment discrimination laws, are best left to the legislative branch, which is responsible for making and amending laws.

2. Legislative Intent: Gorsuch may argue that interpreting Title VII to encompass protections for transgender individuals goes beyond the original intent of the lawmakers who drafted and enacted the legislation. He might advocate for a strict interpretation of the statute based on its text and the historical context in which it was passed.

3. Democratic Process: Justice Gorsuch may emphasize the importance of the democratic process and the role of elected representatives in shaping and amending laws. By deferring to Congress, he may argue that policy decisions should be made through the democratic process, allowing for public debate, input, and accountability.

4. Judicial Restraint: Gorsuch's approach may reflect a broader commitment to judicial restraint, where he believes that courts should avoid overreaching and instead defer to the elected branches of government. He may argue that the Court should exercise restraint and avoid substituting its own policy preferences for those of the legislature.

In summary, Justice Gorsuch's perspective on the Harris Funeral Home v. EEOC case and his call for "judicial modesty" likely stem from his beliefs about the separation of powers, the original intent of legislation, the democratic process, and the importance of judicial restraint. He may view the issue as one that is more appropriately addressed and resolved through the legislative process rather than through judicial interpretation.

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Related Questions

the ban on plea bargaining in alaska proved that dangerous offenders had previously been beating the system and that plea bargaining should be discontinued. (True or False)

Answers

The ban on plea bargaining in Alaska was actually repealed in 2005 after it was found that it had unintended consequences and was not effective in reducing crime. So the statement is False.

The ban on plea bargaining was put in place in 1975 with the goal of reducing crime and ensuring that dangerous offenders did not receive lenient sentences through plea deals. However, it was later discovered that the ban had unintended consequences, such as increasing the number of cases going to trial and putting a strain on the court system. Additionally, studies showed that the ban did not have a significant impact on reducing crime. As a result, the ban was repealed in 2005 and Alaska went back to allowing plea bargaining. It is important to note that plea bargaining is a common practice in the criminal justice system and can be effective in resolving cases quickly and efficiently. However, it should be used appropriately and not as a way to let dangerous offenders off the hook.

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If Head Start is effective enough to receive continued funding, why wouldn’t we choose to fund it at levels that would guarantee a space to every eligible child?

Answers

Answer:

1. Limited resources: Even if Head Start is effective, there may simply not be enough funding available to provide every eligible child with a spot in the program. The government has to allocate its resources across many different programs and initiatives, and there may be competing priorities that prevent Head Start from receiving as much funding as it needs.

2. Capacity constraints: Even if funding were available to provide every eligible child with a spot in Head Start, there may not be enough physical spaces or qualified staff to accommodate them all. Expanding the program to cover every eligible child would require significant investments in infrastructure and personnel, which could take time to implement.

3. Parent choice: Head Start is a voluntary program, and some families may choose not to participate even if a spot is available. This is because they may have other childcare options that they prefer or because they are not aware of the benefits of the program.

4. Quality control: Ensuring that all Head Start programs maintain a high level of quality can be a challenge, especially if the program is rapidly expanding to accommodate every eligible child. Providing additional funding to Head Start without ensuring that quality is maintained could actually reduce the program's effectiveness in the long run.

Explanation:

Ultimately, the decision to fully fund Head Start to provide a space for every eligible child is a complex one that requires balancing many different factors. While there may be good reasons to increase funding for the program, it is important to carefully consider the potential challenges and trade-offs before making such a decision.

While Head Start's efficacy may justify continued funding, the choice to enrol every eligible child in the programme requires balancing competing priorities, taking into account cost-benefit analyses, evaluating logistical issues, addressing equity issues, and taking into account programme evaluation and improvement.

The choice to support a programme, like Head Start, at levels that would provide a place for every eligible child entails a number of elements and considerations. There are various reasons for Head Start's sustained funding, notwithstanding the program's performance.

A cost-benefit analysis, which compares the expected advantages of a programme with its related expenses, is frequently used to make funding decisions. Even while Head Start has been shown to have a significant impact on school preparation and early childhood development, the magnitude of these advantages and their long-term implications may change with time and among different populations.

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