She won. And more importantly, she established a legal framework: any law that draws a distinction based on sex must be subjected to “intermediate scrutiny”—a standard that, while not as strict as race, still required an “exceedingly persuasive justification.”
When Justice Ginsburg (appointed to the Court in 1993) read the Bostock decision from her hospital bed, just months before her death in 2020, she knew that the small phrase she had wielded as a young lawyer had grown into a shield for millions. on the basis of sexhd
“One case,” she agreed. “Now we write the next.” She won