His personal beliefs aside, Alito Scalia, for example, has been consistent in saying that the Constitution contains a Good Supreme Majin Buu Shirt mechanism for re-interpreting it if needed and it’s something we’ve utilized 27 times: passing an amendment. and Aimee Stephens, a transgender funeral director who was fired after announcing her intention to present as a woman. Say an employer doesn’t think women should play sports. If the employer fires a woman for playing baseball but not a man for playing baseball, he’s clearly discriminating on the basis of sex.
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Gorsuch’s decision is “textualist”, in that it’s based on a plain-English reading of the text of the law itself. So, in this example, they are rejecting Gorsuch’s argument on the grounds that the 88th Congress couldn’t possibly have meant “orientation” when they explicitly said “sex” (especially given that sexual orientation discrimination was the widely accepted law of the land), and the fact that our cultural understanding of and use of the word “sex” might have changed shouldn’t automatically, retroactively change a Good Supreme Majin Buu Shirt law drafted in 1964. Textualism lends itself to a “left-wing” interpretation in the first example and a “right-wing” outcome in the second example.
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Much safer, and more predictable, to pass a clear and unambiguous law in the first place, or to explicitly amend it to fix an issue later. The 2nd Amendment guarantees the right of the people to “keep and bear arms”. Should that limited, original meaning constrain modern interpretation? Or should it include arms that are employed today, like machine guns or drones? As has been mentioned elsewhere in the Good Supreme Majin Buu Shirt comments, It’s one of those rare arguments that truly changed the world. Where someone had a moment of genius and realized that if you explain discrimination against gay people that way, it’s obviously discrimination on the basis of sex… and the argument was so good it convinced the Supreme Court and changed the world.
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