What would Justice Sotomayor do with a transgender plaintiff?
Filed by: Dr. Jillian T. Weiss
June 2, 2009 11:30 AM
http://www.bilerico.com/2009/06/what_would_justice_sotomayor_do_with_a_t.php#moreI was tired; I was wearily correcting the proofs of a long academic article that I have finally, after three years, shepherded to publication, when the news of Justice Souter's resignation came. My article discussed the question of what the current Supreme Court would do with a transgender plaintiff in a case involving the federal sex discrimination statute, known as Title VII. The editors of the Temple Political and Civil Rights Law Journal, who were gracious enough to express an interest in its publication, were likely as weary as I of proofreading the same text over and over a hundred times. Scanning the traditionally-long academic title was enough to cross my eyes: "Transgender Identity, Textualism and the Supreme Court: What is the 'Plain Meaning' of 'Sex' in Title VII of the Civil Rights Act of 1964?"
