Supreme Court Justice Neil Gorsuch is expected to be the deciding vote in a ruling over whether the Civil Rights Act of 1964 applies to LGBTQ people. Gorsuch, a conservative who has shown a propensity for carving out his own judicial path, said there are strong arguments favoring LGBTQ workers who were fired for their sexual orientation or transgender status, but he wasn't quite ready to rule in their favor, calling the cases "really close."

One of the things Gorsuch is considering is the aftermath of the ruling. He wondered whether the justices should take into account the "massive social upheaval" that could follow a ruling in the workers' favor.

That reasoning led to a little bit of head scratching.

So Neil Gorsuch apparently was concerned today about “massive social upheaval” if #SCOTUS rules LGBTQ can’t be fired under Civil Rights Act.



Except, 21+ states have these laws now, including his beloved Colorado, where he was law professor.



There’s been no upheaval. — Michelangelo Signorile (@MSignorile) October 8, 2019

The justice also hinted that, although he is "with" the workers "on the text," he thinks that it may be up to Congress, not the Supreme Course to handle this situation, since it likely couldn't be determined whether the 1964 law meant to include sexual orientation or gender identity. "It's a question of judicial modesty," he said. Tim O'Donnell