Justice Samuel Alito is evidentially toting around an old grudge.
At a Thursday night event at the Antonin Scalia Law School at George Mason University, he had harsh words for the two conservative justices who joined the majority in Bostock v. Clayton County.
The 2020 opinion said that the Civil Rights Act of 1964, which prohibits sex-based discrimination, extends to gay and transgender workers. Justice Neil Gorsuch wrote the majority opinion, in which he was joined by the liberals and Chief Justice John Roberts.
Speaking via a video feed Thursday, Alito called Gorsuch a “colleague and friend,” but said that grounding the decision in the text of the 1964 law was “in my view indefensible,” according to the Washington Post.
“It is inconceivable that either Congress or voters in 1964 understood discrimination because of sex to mean discrimination because of sexual orientation, much less gender identity,” Alito said. “If Title VII had been understood at that time to mean what Bostock held it to mean, the prohibition on discrimination because of sex would never have been enacted. In fact, it might not have gotten a single vote in Congress.”