Justice Samuel Alito Jr., appointed by President Bush in 2006, is one of the more conservative judges on the court and has consistently taken the conservative viewpoint on cases dealing with ideological issues such as abortion, campaign finance, gun control, and religious freedom. Similar to Gorsuch, he has strong views on cases dealing with religious freedoms and has expressed concern that the U.S. is moving away from its original support of religious freedom. During a 2017 speech sponsored by a Catholic Lawyer's association, Alito said "A wind is picking up that is hostile to those with traditional moral beliefs . . . It is up to all of us to evangelize our fellow Americans about the issue of religious freedom."
In the cases argued on Oct. 8, Vogler said it's easy to predict how Alito may view the issue of Title XII. "He is interpreting sex to mean that when they passed Title [XII] they meant it very specifically to mean, this is about biological sex, not about gender identity. And from that perspective, he thinks the Supreme Court would essentially be writing new law if it said that Title [XII] protected LGBTQ people. Because gender identity or sexual orientation aren't explicitly named in the law."
With this in mind, Alito, much like Justice Roberts, is not likely to issue a decision he believes upsets the original intention of the law. Alito will most likely rule against the plaintiff.
