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LSDefine

Simple English definitions for legal terms

textualism

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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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TGM
18:39
@texaslawhopefully: alas, haven’t even gotten an interview (applied around thanksgiving)
18:39
Yeah I would delay as long as you have plausible deniability
TGM
18:40
I actually do have a transcript issue that registrar needs to resolve, should I say that
TGM
18:41
(Course marked as Incomplete that’s supposed to be removed)
TGM
18:41
not sure if I should email them to say that, or just hold off on sending it and not give an excuse
18:41
I think I just wouldn’t reach out and if they ask for them then say that
Dkk
18:41
@tgm Yeah sounds good, say that if they ask
18:47
hey yall
18:47
im premed idk why im here
18:48
we’re like cool and sexy and fun I get it
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true i love ur user
18:49
thank you my little crow friend
Dkk
18:50
Med law easy done
medicine is a scam
join the ethically ambiguous legal field instead
Dkk
18:57
I want to meet an attorney that defends clients who run into flat earth problems. I want an attorney that knows and believes in flat earth theory.
19:05
i want a flat earther for president. i want a guy who posts on 4chan for president. i want someone who mogs for president.
Dkk
19:18
Exactly. My version of that awful poem.
Dkk
19:19
I can accept a president with maybe one or two of the poems traits hut good God, all of them??? No ty.
windyMagician
19:20
president who respects sex is crazy
windyMagician
19:20
we had bill clinton already
Dkk
19:21
Bill Clinton, first and last black president
windyMagician
19:23
I want to go running but my leg feels weird
windyMagician
19:23
it doesn't hurt its just tingly
Dkk
19:26
It needs more alcohol. You tingle when your nerves need watering.
19:27
try stretching it maybe to see what's up
windyMagician
19:27
stretches make me think it's just soreness
windyMagician
19:27
I'm sober lol
Dkk
19:38
Anyone else get the google notification that your LSD password has been compromised lol. LSD got hacked.
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