JOHN B. DAUKAS: “It’s time for a bright-line ruling that discrimination is unlawful.”
Yes, indeed it is. The statute has been saying that all along. In 1978, Justice Lewis Powell, out of timidity, set us on the wrong path. It’s time to get back on the right path. Nothing less than that will be effective.
One of my favorite Supreme Court quotes comes from Wilkerson v. McCarthy (1949): “A timid judge, like a biased judge, is intrinsically a lawless judge.”