Conservatives Are Using a Trojan Horse to Try to Kill RBG’s Greatest Legacy. It Might Just Work.

Jurisprudence

Aug 07, 20263:03 PM

Brett Kavanaugh’s latest major opinion is an example of reasoning from the body.

Photo illustration by Slate. Photos by Andrew Harnik/Getty Images and Miguel Schincariol/AFP via Getty Images.

Alliance Defending Freedom, the conservative Christian legal organization that litigated Dobbs, is going after a new and possibly surprising target. ADF, having helped undo the right to choose an abortion, now wants to dismantle the sex-equality cases that are Justice Ruth Bader Ginsburg’s greatest legacy—and have protected Americans against discrimination on the basis of sex, sexual orientation, and gender identity. The Supreme Court’s decision last term in West Virginia v. B.P.J. allowing states to ban trans athletes is the latest under-the-radar step in this movement strategy.