Published June 18, 2025
Justice Thomas and Justice Barrett each wrote noteworthy concurring opinions in United States v. Skrmetti.
Thomas first explains why the reasoning of Bostock under Title VII should not be imported into the Equal Protection context. In particular: (1) The Equal Protection Clause doesn’t have the language that the Bostock majority relied on. (2) “Extending the Bostock framework here would depart dramatically from this Court’s Equal Protection Clause jurisprudence.” (3) Doing so would also “invite sweeping consequences.”
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Edward Whelan is a Distinguished Senior Fellow of the Ethics and Public Policy Center and holds EPPC’s Antonin Scalia Chair in Constitutional Studies. He is the longest-serving President in EPPC’s history, having held that position from March 2004 through January 2021.
