King v. Burwell stands alone for atextual statutory construction. That the entire majority from that case joined Gorsuch on Monday gives me no comfort.
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And you expect Kavanaugh, Alito, and Thomas to reject textualism, right?
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While I'm more persuaded intellectually by the Alito dissent, knowing the effect is to enable people who discriminate on the basis of characteristics that *have nothing to do with business* I'm OK with the result
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And Roberts to go along with them.
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Eh. To ordinary folks when the Court expands the definition of words, it is making law from bench whatever legal jargon you want use. Not the courts job. However those who like the new law will like it until the time it is their ox that is gored
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I don't think it's a victory for textualism if it just becomes a fig leaf to reach a desired result. Smart justices can craft a (pre)textual argument whenever they want, but they're still legislating. Do you think the 4 liberals really joined because of the textual analysis?
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