The Supreme Court is taking aim at one of the most important elements of our civil rights laws. I have a simple solution that will forestall all the expected legal wrangling: preempt the ruling. Nobody seriously believes that retaliation shouldn’t be included in anti-discrimination laws. So, although I don’t particularly like it when the Supreme Court decides to split with every single lower court and an acre of precedent to eviscerate our civil rights laws, an easy way to avoid that unpleasant outcome is for conservatives to join with liberals and write the provision into the law strongly and explicitly. In fact, I already wrote my Congressman urging him to do just that.

Easy as pie, right?