Instant Analysis of Hively v. Ivy Tech Community College

April 4th, 2017

The 7th Circuit’s en banc decision in┬áHively v. Ivy Tech Community College, establishing that the Civil Rights Act of 1964 prohibits discrimination on the basis of sexual orientation, is overshadowed by Judge Posner’s remarkably honest, and arrogant opinion, in which he introduces a new school of statutory interpretation: “judicial interpretive updating.” It’s exactly what it sounds like. His approach is the precise opposite of what I’ve dubbed “statutory originalism.”

I discuss the opinion, and Judge Sykes’s dissent, in this Twitter moment.