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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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HopefullyInLawSchool
16:06
it means you will not be rejected today and may be accepted or WL in the future
Just got my Michigan rejection
BookwormBroker
16:10
same
RoaldDahl
16:10
@HopefullyInLawSchool: what if i already got rejected. does it mean anything
HopefullyInLawSchool
16:12
@RoaldDahl: Likely not however it could mean nothing
RoaldDahl
16:15
So if it means nothing does that mean something?
HopefullyInLawSchool
16:17
Possibly
RoaldDahl
16:26
Cool
RoaldDahl
16:26
thank you!!!! i hope it means something
pinkandblue
16:31
fart
IrishDinosaur
16:36
Mich R gang lesgooo
Did anyone else get that random get to know nova email?
HopefullyInLawSchool
17:21
Ya it was sent to all YM applicants
starfishies
17:37
Anyone get the NDLS email inviting you to apply for something even though they haven’t made a decision on your app yet
17:38
Better yet I got the email and I was rejected last month
starfishies
17:38
Wtf
starfishies
17:39
and the deadline is in like a week what is this
any cardozo movement?
BatmanBeyond
18:01
Sent a LOCI via portal, but I'm wondering if email would have gotten me a swifter response
BatmanBeyond
18:02
This whole hold/wait-list/reserve system is a headache
loci already?
BatmanBeyond
18:09
If the odds are like 1-2% I don't think it matters much by the numbers
12:11
I got the same NDLS email
OrangeThing
12:18
I think the user profiles are broken
19:29
Any word out of Notre Dame?
19:29
Only the invitation to apply for LSE
19:29
Anyone received a decision from NDLS?
19:50
when did u guys apply that just heard from umich? they havent even glanced at my app yet
0:30
how am i supposed to spy on people when profile links are broken?
Right. Broken links smh
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