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On June 15, 2020, the Supreme Court held that the 1964 Civil Rights Act’s ban on workplace discrimination on the basis of sex proscribed not just differential treatment of male and female employees, but also differential treatment of workers on the basis of homosexuality or transgender identity. This feat of alchemy prompted a former law professor to stand up the next day in the United States Senate and declare that the decision in Bostock v. Clayton County represented “the end of the conservative legal movement.”

The senator was not dancing on the grave of Antonin Scalia. ­Missouri’s Josh Hawley is perhaps the upper chamber’s leading social conservative. He seemed to feel betrayed by legal conservatism. Its principles of “originalism and textualism” had not delivered the conservative results he expected. Hawley lamented:

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