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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I always come back to equal protection under the law. Those words have meaning, even if they were intended to be far narrower in the 1860s than they would be today. I’m sort of applying Gorsuch’s standard from the gender discrimination case. Intent & contemporary meaning can't
Obliterate the plain meaning of the words themselves.
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