Worth remembering that Hugo Black was a strong liberal for most of his time on SCOTUS. He was also an avowed textualist.https://twitter.com/gabrielmalor/status/1281254293333520384 …
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The problem is that results in laws coming into existence that nobody ever passed or out of existence that nobody ever repealed, just because word usages changed.
To some extent, I agree. But I think it’s wholly discordant to have the Court say well sorry but these words meant something different 300 years ago & create situations in which you have facts on the ground that do not reflect the words in the Constitution.
To be clear, I’m more concerned about that with Constitutional interpretation than statutory interpretation.
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