But doesn’t it deploy the stereotype that women are caregivers? I accept that it doesn’t do so in terms (and that the disparate impact analysis is more appropriate) but a law of the kind Sotomayor describes could never do so in terms. (Not that I assume she is trying to overrule Washington v Davis)

What if one were to take your eg of doctors and nurses but instead of imposing a dress code the law gave more parental leave to nurses than, say, surgeons? That law is likely animated by gender stereotypes but could the state find another facially plausible justification (eg minimising wait times)?

I think I missed the part where Justice Thomas “argues” that experts have been influenced by ideology. He simply asserts it. There is also a conspicuous absence of citation for the alleged “recent revelations”. Might we conclude that Justice Thomas has allowed ideology to affect his analysis?

Go Big Red!

This is one of your best