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Simple English definitions for legal terms

textualism

Read a random definition: Law French

A quick definition of textualism:

Textualism is a way of understanding laws that says we should only look at the words in the law itself, and not try to guess what the people who wrote it meant or what they wanted to happen. Even though some people think this way of understanding laws is only for people who are conservative, it can actually lead to fair and equal outcomes for everyone. For example, in a recent court case, a judge used textualism to say that it's not okay to treat people differently at work just because of who they love or how they identify themselves.

A more thorough explanation:

Textualism is a way of interpreting laws that says we should only look at the words of the law itself, and not try to guess what the lawmakers meant or what they were trying to accomplish. This means that we should only use the plain meaning of the words in the law to figure out what it means.

For example, if a law says "no dogs allowed in the park," a textualist would say that means exactly what it says - no dogs are allowed in the park. They wouldn't try to guess why the lawmakers made that rule or what they were trying to accomplish by it.

Some people think that textualism is a conservative approach to the law, because it doesn't take into account the intentions or goals of the lawmakers. However, sometimes applying textualism can lead to surprising or progressive outcomes.

One example of this is the case of Bostock v. Clayton Cnty., which was decided by the U.S. Supreme Court in 2020. In that case, the court had to decide whether it was legal for employers to discriminate against employees based on their sexual orientation or gender identity. Justice Neil Gorsuch, who is often seen as a follower of the late Justice Antonin Scalia's textualist approach, wrote the opinion for the court. He argued that the plain meaning of the words in the law that prohibits employment discrimination based on sex also applies to discrimination based on sexual orientation or gender identity. This was a surprising and progressive outcome, because many people had assumed that the law only applied to discrimination based on biological sex.

Texas v. Johnson (1989) | TFRP

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renard99
14:18
^ find that rando in your circle and ask them where they've stored all their cycle letters
ReminiscentZestyFish
14:18
Vandy??
renard99
14:18
Possibly in a dark corner of the attic in a box
VANDY
soyalmondoatmilk
14:18
vandy A let's gooooo
all the Vandy
ReminiscentZestyFish
14:18
Aint no way
jackfrost11770
14:19
Wow that's awesome nothing from vandy
GreyCeaselessMammoth
14:19
what
GreyCeaselessMammoth
14:19
fuck
renard99
14:19
@soyalmondoatmilk: Congratulations!!!
jackfrost11770
14:19
I applied in November
jackfrost11770
14:19
Idk when the As did
GreyCeaselessMammoth
14:19
does anyone know if they usually release all at once or waht
nothing
jackfrost11770
14:20
Well I hope not otherwise I'm screwed
jackfrost11770
14:21
Anderson cooper PLEASEEEEE
For ED and their last wave of decisions it was an email all at once
GreyCeaselessMammoth
14:22
ugh
gonna go cry
jackfrost11770
14:22
Ugh
jackfrost11770
14:22
:(
ReminiscentZestyFish
14:23
Small ahh wave
GreyCeaselessMammoth
14:23
yeah the smallness of this wave makes me think there might be more to come? am i being crazy? only one wave a month it should be a tsunami rn
14:24
@jackfrost11770: chillll it still early in the cycle, especially relative to this and last yearrrr
its also still early in the day
i think theres def more waves todayu
StillDoingMyBest
14:25
do y'all think the lsat is easier or harder without the logic games
[] starfishies
14:25
ppl prob need a few minutes to update their results
pee pee poo poo
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