#textualism — Public Fediverse posts
Live and recent posts from across the Fediverse tagged #textualism, aggregated by home.social.
-
"...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
-
"...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
-
"...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
-
"...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
-
"...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
-
"...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
-
I got my philosophy degree at the end of the 80s /beginning of the 90s. Textualism was the thing. Worse refer only to there words, etc. I have aphantasia, so of course this all made sense to me. Now I am wondering how many leading lights of philosophy during that period also had no mind's eye, and I wonder with the human brain processing things in so many different ways if we can ever strive at a proper theory of mind.
#Philosophy #Aphantasia #Textualism -
The Conservatives Justices Part of SCOTUS are Sophomoric Idiots
Yep, we’re fucked.
Photo by Claire Anderson on UnsplashI 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.
Your Autistic Life is supported by readers like you. Use one of the links below to support my writing! Thank you.
Join Us Bonfire MerchThese 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
-
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
-
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
-
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
-
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
-
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
-
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
-
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
-
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
-
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
-
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
-
"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
-
"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
-
"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
-
"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
-
"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
-
Ancient Twitter boilerplate:
"Remember all that #Constitutional #Textualism and #Originalism crap?
All lies
The #GOP cares about the US #Constitution about as much as it cares about the #Bible
Find one passage they need right now
Misinterpret it
Ignore all the rest
Throw that interpretation away when it's no longer needed
And basically do the bidding of #LeonardLeo and the #FederalistSociety "
-
Remember all that #Constitutional #Textualism and #Originalism crap?
All lies
The #GOP cares about the US #Constitution about as much as it cares about the #Bible
Find one passage they need right now
Misinterpret it
Ignore all the rest
Throw that interpretation away when it's no longer needed
And basically do the bidding of #LeonardLeo and the #FederalistSociety
-
Remember all that #Constitutional #Textualism and #Originalism crap?
All lies
The #GOP cares about the US #Constitution about as much as it cares about the #Bible
Find one passage they need right now
Misinterpret it
Ignore all the rest
Throw that interpretation away when it's no longer needed
And basically do the bidding of #LeonardLeo and the #FederalistSociety
-
I feel like we could just read chunks of this opinion into the record because it’s just such a delightful excavation of
both the bad history that undergirds "Bruen and Heller" before it,
as well as the larger project of conscripting judges into "historical analysis".But I just want to read this quote from [Hawaiian Supreme Court] Justice Eddins:
“Judges are not historians. Excavating 18th and 19th century experiences to figure out how old times control 21st century life is not a judge’s forte. History is messy.
It’s not straightforward or fair.
Bruen, McDonald, Heller, and other cases show how the court handpicks history to make its own rules.”
#originalism #textualism #A2
#secondamendment
#gunsense #hawaiian #SupremeCourt -
The Hawaii Constitution has a provision that is the same as the 🔹Second Amendment🔹 to the U.S. Constitution.
[Hawaiian] Justice Eddins said: Even though the provisions are the same, we will not interpret them the same way, because we think the 🔸U.S. Supreme Court clearly got it wrong in Heller when it said the Second Amendment creates an individual right to bear arms.🔸Justice Eddins then pored over the immense body of scholarship and historical research that has shown, beyond a reasonable doubt, that
👉SCOTUS was catastrophically wrong in Heller.
He even quoted this great study that refutes a centerpiece of Justice Antonin Scalia’s analysis in Heller, which was the idea that the phrase “bear arms” typically meant individual use of a weapon in 18th-century parlance.
Scholars have analyzed thousands of documents from that era and proved that Scalia was just objectively wrong:
The phrase “bear arms” was unfailingly used in a collective context, describing a militia—which makes sense, since the Second Amendment begins by saying its purpose is to protect the militia, not an individual right to own guns.Then Eddins’ opinion goes on to analyze the real history of guns in Hawaii. And he says: “The history of the Hawaiian Islands does not include a society where armed people move about the community to possibly combat the deadly aims of others.”
This echoes the Pennsylvania Supreme Court’s discussion of Dobbs and real history—but also originalism, and who history leaves out.
What’s really great about Eddins’ opinion is that it’s not just a rejoinder to Heller.
It also goes on to talk about how🔥 it’s just not practical or feasible or wise to use history as your only guide to constitutional interpretation. 🔥
He wrote: “History is prone to misuse. In the Second Amendment cases, the court distorts and cherry-picks historical evidence. It shrinks, alters, and discards historical facts that don’t fit"#originalism #textualism #A2
#secondamendment
#gunsense #hawaiian #SupremeCourt
https://slate.com/news-and-politics/2024/02/hawaii-supreme-court-guns-case-rebuke-scalia.html -
Will Trump provoke a crisis of legitimacy for the US supreme court?
#Originalism is a recent contrivance, patched together as part of the “gameplan”, as Trump’s court whisperer, the Federalist Society’s Leonard Leo, describes it, of the capture of the courts to entrench the right’s agenda beyond the threat of adverse political tides for generations to come.
#Textualism is the sister doctrine of originalism, providing snatches of text from the constitution divorced from social and legislative context as if in scriptural fundamentalism to undergird the reversal of rights. It claims that to interpret a law, a judge may examine the plain meaning of its text but nothing else. It works hand in hand with originalism to exclude inconvenient portions of the historical record from judicial consideration.
But now this politicized jurisprudence has turned on its inventors.
If ever there is a legal ruling of ironclad constitutional reasoning that can be defended on originalist and textual grounds it is in Anderson v Griswold, the decision issued last week by the Colorado supreme court.
The decision holds that Trump engaged in insurrection on 6 January 2021, and that he is therefore barred for running for president under section three of the 14th amendment.
The conundrum for the supreme court is that it can rescue Trump only by shredding originalism and textualism
#fedsoc #leonardleo #14thamendment #insurrection -
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 -
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 -
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 -
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 -
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 -
I stumbled upon a U.S. National Center for Complementary and Integrative Health (a component of the Department of Health and Human Services) FAQ on melatonin. One section made me concerned that the feds are using AI to write their FAQs... but I thought of the alternative explanation and decided that AI would actually be the least bad option under the circumstances.
https://thenewleafjournal.com/the-nccihs-ai-like-melatonin-covid-note/
-
Nobody tell the US Supreme Court!
#legalism #textualism #dogma #superstition #taboos #formality #religiosity
