#textualism — Public Fediverse posts

@Nonilex

"...that expanded gun rights by finding the Second Amendment generally gives people the right to carry firearms."

Amazing how the #SCOTUS continues to erase the predicate clause of the #SecondAmendment

"A well regulated Militia, being necessary to the security of a free State..."

How many of these people are members of any "well regulated #Militia"?

Remember #Originalism and #Textualism and #OriginalIntent all that?

Utterly meaningless when it gets in the way of #MAGA #AmmoSexuals and their auto-erotic gun fantasies

@bespacific

"...the #legal doctrine that suggests #courts should follow #legal #precedent or prior decisions"

So all that #Constitutional "#Originalism" and "#Textualism" goes out the window

Been waiting for one of the Treasonous Six to finally admit this

#SCOTUS

The Conservatives Justices Part of SCOTUS are Sophomoric Idiots

Yep, we’re fucked.

I chose my words carefully with that title. Their “reasoning” for the decision granting absolute powers to presidents is equivalent to the work of a confused college sophomore. I knew right away that this decision couldn’t be good for us, but I decided to hold my tongue for a while.

I have now listened to the Serious Trouble podcast, by defense attorney Ken White:

https://www.serioustrouble.show/p/donald-trump-wins-the-immunity-idol

And to LegalEagle’s take on the matter:

https://youtu.be/MXQ43yyJvgs?si=5UFYjvQlvXlPnHwt

We’re fucked indeed.

I invite you to listen to both. I knew the decision was a bad one, but I had no grasped just how sophomoric it is. So sophomoric that I now have no qualms saying that the conservative majority is in the pocket of the GOP and Trump. There is no other plausible explanation for such a turd of an opinion.

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These so-called “textualists” are in fact cherry-pickers. They assert that the Constitution does not say anything about presidential immunity. This is true, on its face, but also misleading. The framers of the constitutions did bestow immunity explicitly elsewhere in the Speech or Debate Clause of the constitution. If they remained silent about the president, that’s because they did not want to give the president immunity.

This is textual analysis 101. To insist otherwise is to ignore the very text of the Constitution and intellectually dishonest. I’ve done textual analysis as part of my master’s and my Ph.D. This type of shitty logic would not be tolerated there, but it is tolerated among the conservative justices, because it is a means to an end.

The court’s decision is utterly vague about how the lower courts should interpret any of it. If I were a lower court judge, I’d play dumb with the lack of guidelines that SCOTUS has provided, and give a ruling that will most likely be appealed to SCOTUS. Let them deal with the bloody mess they created.

This is sophomoric.

#AutisticWriters #CherryPicking #idiots #SCOTUS #sophomoric #textualism #USLaw #YourAutisticLife

https://www.yourautisticlife.com/2024/07/05/the-conservatives-justices-part-of-scotus-are-sophomoric-idiots/

@heidilifeldman

Just going to drop my pinned-post boilerplate from yesterday into this:

The #SupremeCourt is working exactly as #LeonardLeo and the #FederalistSociety intended

The mask is off

All that #Textualism and #Originalism and high-minded-sounding #OriginalIntent schtick was a premeditated #Federalist / #GOP lie

#SCOTUS is now situational, relative, and expedient in one direction only

It's far right SCOTUS #ActivistJudges all the way down from here on out

@chrisgeidner

Just going to drop my pinned-post boilerplate from yesterday into this:

The #SupremeCourt is working exactly as #LeonardLeo and the #FederalistSociety intended

The mask is off

All that #Textualism and #Originalism and high-minded-sounding #OriginalIntent schtick was a premeditated #Federalist / #GOP lie

#SCOTUS is now situational, relative, and expedient in one direction only

It's far right SCOTUS #ActivistJudges all the way down from here on out

@KarlBode

"I 100% believe this is a fatal gut shot to any sort of coherent, stable federal governance"

The #SupremeCourt is working exactly as #LeonardLeo and the #FederalistSociety intended

The mask is off

All that #Textualism and #Originalism and high-minded-sounding #OriginalIntent schtick was a premeditated #Federalist / #GOP lie

#SCOTUS is now situational, relative, and expedient in one direction only

It's far right SCOTUS #ActivistJudges all the way down from here on out

Enter #Leonard #Leo.
In the early years of the Trump administration, he and the #Federalist #Society had remarkable influence within the new government. The Federalist Society had brought the legal doctrines of #originalism and #textualism — close readings of laws and the Constitution to adhere to the intent and words of the authors — into the mainstream.

Leo had taken a leave of absence from the group to advise President Trump on judicial appointments, helping shepherd the appointments of Neil #Gorsuch, Brett #Kavanaugh, and Amy Coney #Barrett to the Supreme Court and helping to fill more than 200 other positions in federal district and appellate courts.

By the time Trump left office, he had put on the bench 28% of all federal judges in America.

In the town hall video, #Baehr explained how he modeled #Teneo on the Federalist Society.

Leo’s “secret sauce,” he said, was to identify an “inner core” group of people within the Federalist Society’s 60,000 members.

Leo was “identifying them and recruiting them for either specific roles to serve as #judges or to spin up and launch critical #projects often which you would have no idea about.”

#FedSoc #teneonetwork #darkmoney
https://www.propublica.org/article/leonard-leo-teneo-videos-documents

Nobody tell the US Supreme Court!

#legalism #textualism #dogma #superstition #taboos #formality #religiosity