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ISiddiqui · 06-16-2020, 08:31 AM

A good bump!! Indeed, Alito and Gorsuch are very different textualists (I don't know Kavanaugh's legal philosophy, but Thomas is an original legislative intent guy and not into textualism at all). Alito is an originalist - what did the textual language mean at the time the law was drafted. Gorsuch is a strict textualist and doesn't give one white what the original drafters believed the words to mean. So Gorsuch ruled his way based on strict meaning of the text (discrimination wouldn't have happened if the person was the other sex) and Alito the other (Title VII did not mean sex discrimination to include LGBTQ as that was not considered sex discrimination at the time).

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06-16-2020, 08:31 AM	#3416
ISiddiqui Hall Of Famer Join Date: Jan 2001 Location: Decatur, GA	A good bump!! Indeed, Alito and Gorsuch are very different textualists (I don't know Kavanaugh's legal philosophy, but Thomas is an original legislative intent guy and not into textualism at all). Alito is an originalist - what did the textual language mean at the time the law was drafted. Gorsuch is a strict textualist and doesn't give one white what the original drafters believed the words to mean. So Gorsuch ruled his way based on strict meaning of the text (discrimination wouldn't have happened if the person was the other sex) and Alito the other (Title VII did not mean sex discrimination to include LGBTQ as that was not considered sex discrimination at the time). Sent from my Pixel 4 XL using Tapatalk __________________ "A prayer for the wild at heart, kept in cages" -Tennessee Williams Last edited by ISiddiqui : 06-16-2020 at 08:36 AM.