The legislation handed down by the Court will have far-reaching consequences, including the eventual destruction of all-women’s sports. As I tell my students, and constantly remind myself, “remember, when you sign on to a proposition you are signing on to all it logically presupposes and entails.” It’s very well to say, “thus and so matter is not before the Court and we haven’t had the benefit of adversarial briefing and argument,” but that does not cancel the mercilessness of logic. Reasonable people of goodwill can and do disagree about whether the logical and therefore foreseeable consequences of this piece of judicial legislation are good or bad, desirable or undesirable; but whether one favors or opposes legislation designed to produce those consequences, one should condemn the decision precisely because it is legislation. The Court has not applied the law as written; it has re-written the law.
Robert George, “Mirror of Justice” (June 15, 2020).