It seems well past time to reconsider our sweeping UPL [Unauthorized Practice of Law] prohibitions. The fact is nonlawyers already perform — and have… - Neil Gorsuch

Sometimes small gestures can have unexpected consequences. Major initiatives practically guarantee them. In our time, few pieces of federal legislation rank in significance with the Civil Rights Act of 1964. There, in Title VII, Congress outlawed discrimination in the workplace on the basis of race, color, religion, sex, or national origin. Today, we must decide whether an employer can fire someone simply for being homosexual or transgender. The answer is clear. An employer who fires an individual for being homosexual or transgender fires that person for traits or actions it would not have questioned in members of a different sex. Sex plays a necessary and undisguisable role in the decision, exactly what Title VII forbids. Those who adopted the Civil Rights Act might not have anticipated their work would lead to this particular result. Likely, they weren’t thinking about many of the Act’s consequences that have become apparent over the years, including its prohibition against discrimination on the basis of motherhood or its ban on the sexual harassment of male employees. But the limits of the drafters’ imagination supply no reason to ignore the law’s demands. When the express terms of a statute give us one answer and extratextual considerations suggest another, it’s no contest. Only the written word is the law, and all persons are entitled to its benefit.

The morally defining nature of intentions can be further illustrated by any number of choices we make in daily living. Most of us might be said, for example, to "allow" the poor in our cities and towns to go hungry because we fail to do enough to help them- spending our time and our money in other pursuits, such as family and friends. We may even fully forsee or know that our failure to do more for the poor will mean that some persons will go hungry. While our choices in such cases indubitably say something about who we are, they do not say the same thing about us as would plotting intentionally to starve others. To seek out to starve another person is to endorse that objective, intelligently choose it, and freely will it. By contrast, the occurrence or nonoccurrence of unintended side effects, even ones we foresee as absolutely inevitable (as with the hungry person left unfed), necessarily say less about our success or failure in effecting our free will and intelligence in the free world.
imply put, we live as human beings in a world where we must make choices and take actions that, even when entirely legitimate and good, necessarily harm or damage or impinge upon other goods. And this happens at both the individual and the societal level. In choosing to spend a weekend with family, it may unavoidably mean that some persons in the soup kitchen will go hungry. In choosing to spend additional money on a prescription drug care program that primarily benefits the elderly, we as a society may know with crystalline clarity that we will not be able to increase spending on education for the young. With so many varied and diverse goods to pursue in this life, we cannot help but make choices in pursuit of legitimate and upright aims that also entail inevitable, if unwanted, negative consequences for other instances of human goods.

Courage has been essential to the rule of law in this country from the beginning. The Declaration of Independence itself was, at heart, a complaint that the king had denied colonists the rule of law. As justification for their rebellion, colonists cited the fact that the king had withheld assent to duly enacted legislation, refused trial by jury, and prevented colonists from playing a significant role in their own governance. About half of the fifty-six colonists who signed the Declaration were lawyers. They quite literally put their lives on the line to secure a representative government and one of just laws: By signing the declaration, they became marked men who faced certain death if their cause failed.