Similarly, if a woman who chooses to dress or identify as a man is treated differently to a man who chooses to dress or identify as a man, that is also a difference based on sex. We think the Justice might be confusing trademarks with the race to claim internet domain names.
Gender versus seniority In this post, we continue to examine the role of interruption at oral argument in the Term. The reason for this is that, as a professed textualist, he could be expected to vote on the side of the Title VII plaintiffs, for whom the textual argument appears clear: if a woman who is married to or attracted to a man is treated differently to a man who is married to or attracted to a man, that would is clearly a difference based on sex.
Clayton County and R. But to be fair to the justices disinclined to act, there are some thorny conceptual questions to address before the Court can take action against the politicians and mapmakers currently setting fire to our democracy. All bars that appear above the zero line mean that women are interrupted more than men; bars below the line show the reverse.
Carr are justiciable, it makes no sense to say that partisan gerrymandering is inherently non-justiciable. The bars below the zero line indicate more judicial laughter when the justice disagrees with the advocate i. Similarly, if a woman who chooses to dress or identify as a man is treated differently to a man who chooses to dress or identify as a man, that is also a difference based on sex.
It also suggests that perhaps our pessimism last year was unwarranted: this shows that in terms of the ratio of interruptions, female to male interruptions also dropped significantly in , after the issue became one of public comment.
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Our empirical analysis of the argument in Bostock v. To confirm our impression that proportional representation was the issue of the day, we broke the transcript in Rucho down into two word ngrams. The figure below indicates which advocates interrupted the justices the most, normalized per thousand words.