Levin: Supreme Court Damaged Rule of Law More Than Rioters This Week

By Rob Shimshock | June 18, 2020 | 12:18pm EDT
Inductee Mark Levin speaks on stage during the Radio Hall Of Fame 2018 Induction Ceremony. (Photo credit: Michael Kovac/Getty Images for Radio Hall of Fame)
Inductee Mark Levin speaks on stage during the Radio Hall Of Fame 2018 Induction Ceremony. (Photo credit: Michael Kovac/Getty Images for Radio Hall of Fame)

Conservative radio host Mark Levin said that "this week the Supreme Court did more damage to the rule of law and the Constitution than the rioters in the streets."

The lawyer and author's Facebook remark came following two decisions issued by the Supreme Court on Monday and Thursday pertaining to workplace discrimination on the basis of sexuality and gender identity, as well as the Deferred Action for Childhood Arrivals (DACA) program.

In Bostock v. Clayton County, the Court ruled in a 6-3 decision that employers who fire individuals for their sexuality or gender identity are in violation of Title VII of the Civil Rights Act of 1964. Justice Neil Gorsuch wrote in the Court's majority opinion that the two identity categories are "not relevant to employment decisions" and that "it is impossible to discriminate against a person for being homosexual or transgender without discriminating against that individual based on sex."

But Justice Samuel Alito argued in a dissenting opinion that "there is only one word for what the Court has done today: legislation," calling the rationale behind the decision "deceptive" and claiming that it could have negative consequences for female athletes, religious employers, and free speech.

In Department of Homeland Security v. Regents of Univ. of Cal., the Supreme Court ruled 5-4 that DHS' rescission of DACA was "arbitrary and capricious." Chief Justice John Roberts contended that "the dispute before the Court is not whether DHS may rescind DACA. All parties agree that it may. The dispute is instead primarily about the procedure the agency followed in doing so."

Meanwhile, Justice Clarence Thomas' opinion asserted that the majority decision "must be recognized for what it is: an effort to avoid a politically controversial but legally correct decision."

Rob Shimshock is the Commentary Editor at He has covered education, culture, media, technology, and politics for a variety of national outlets, hosted the Campus Unmasked YouTube show, and was named to The Washington Examiner's "30 Under 30" list. Shimshock graduated from the University of Virginia with a Bachelor of Arts in English and Media Studies.

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