This Gorsuch decision is not originalist in any way; he acknowledges as much. It is simply a bad, outcome-driven legal decision. And it throws religious liberty, free speech, and employment law into complete turmoil.
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Gorsuch himself acknowledges that Title VII obviously wasn't mean to cover sexual orientation or gender identity. Democrats know that too, which is why they've attempted to pass separate legislation concerning these issues. This has nothing to do with textualism, obviously.
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Out: Textualism means interpreting a statute according to the meaning of its verbiage when written. In: Textualism means progressive jurisprudence.
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Nice to see you fired up.
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Too bad that he doesn't know the difference between constitutional protections and statutory interpretation, sort of the 101 of understanding the entire situation. But... at least he's really fired up!
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Actually --> Out: Textualism means what the people who wrote it MEANT to accomplish. In: Textualism means what they actually freaking wrote down. I don't make the rules.
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it's not the what, it's the how. the what is fine with most all. but the language used and the how is what is legally contentious.
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Like how so many people pretend to be these good Christians?
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