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Thursday, June 03, 2021 1:58:08 PM
What about Textualism makes you say THAT is our HOPE
I totally disagree
The text is 4617f and a bunch of judges read it - did not go further - and gave the GOV summary motion ---- not liberal judges v conservative - they all did
Here is a defintion of Textualism
Given what HERA says in 4617f - with no ambiguity - I would argue that of all Judges --- a textualist is the LEAST likely to help us ---- look at the bolded part of the definition - the stuff THEY WILL NOT DO -- and I submit for your consideration -- those are the exact things the EN BANC did - despite the Text. I wonder if you love Textualism and thus view it as THE answer here ?
OK the definition '
Textualism is a formalist theory in which the interpretation of the law is primarily based on the ordinary meaning of the legal text, where no consideration is given to non-textual sources, such as intention of the law when passed, the problem it was intended to remedy, or significant questions regarding the justice or rectitude of the law.
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