Title VII and the Roberts Court's Worldview Supremacy
65 Labor Law Journal 149 (Fall 2014)
14 Pages Posted: 18 Feb 2015
Date Written: February 16, 2015
Abstract
This article, focusing on Title VII of the Civil Rights Act of 1964, explores the adjudicative role that judicial worldviews have played in the Roberts Court’s interpretation and application of the statute’s antidiscrimination mandate. As discussed herein, the Roberts Court has issued several 5-4 decisions in Title VII cases reflecting, not just doctrinal or methodological differences between the Justices, but deep and outcome-influential disagreements about how the Justices see the world around them. These differences in and collisions of worldviews explain, at least in part, the positons taken and the outcomes reached by the Roberts Court in several significant Title VII decisions.
Keywords: Title VII, Roberts Court, statutory interpretation, worldview, discrimination
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