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Is the Supreme Court Moving by Social Change?
Kavanaugh and Alito both want in their dissents to paint this issue not as one of statutory interpretation, but of the Supreme Court being moved by social change. The only thing that can really upset this sort of state of affairs is an end to at will employment,. So I think for now, the expansion of Title VII to include as many categories of people as possible is really one of our best hopes on that front.