The LGBTQ victory was not a complete surprise. Gorsuch, even more than Roberts, had emerged as the likely swing vote back in October, when the case was argued.
The volatility that Gorsuch and Kavanaugh bring to the court was on display Monday ingiving gay, lesbian and transgender workers protection under a 1964 federal law banning employment discrimination. It was the biggest decision by the court thus far this term, and Trump's nominees played leading roles.
Roberts, who could have kept the writing of the opinion for himself, instead assigned it to Gorsuch, the most junior of the six justices in the majority. Kavanaugh, who most frequently sides with the chief justice, often against the court's other three conservatives, penned one of two vehement dissents.The result left Trump somewhat surprised but accepting of the court's – and his nominees' – verdict.
The LGBTQ victory was not a complete surprise. Gorsuch, even more than Roberts, had emerged as the likely swing vote, when the case was argued. At the time, he said the argument was at least"in play" that the prohibition on sex discrimination in the federal law includes a worker's sexual orientation and gender identity. But he worried a ruling for LGBTQ rights would entail"massive social upheaval.
"When the express terms of a statute give us one answer and extratextual considerations suggest another, it’s no contest," Gorsuch wrote."Only the written word is the law, and all persons are entitled to its benefit."It wasn't the first time Gorsuch veered from the conservative course most of his advocates expected.
At the same time, Gorsuch has made peace with the court's liberals, often siding with Associate Justices
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