Discover and read the best of Twitter Threads about #textualism
Most recents (2)
1/16 I got a number of thought-provoking responses to my thread on textualism, originalism and the LGBT Title VII cases that I thought were worth responding to with a new thread. Thanks @BRSoucek @limerickless @espinsegall @marty_lederman @wizopindy @KineticDarkroom @sbendc_
2/16 First, a response to those who suggested the textualist analysis in the Title VII LGBT cases is not as straightforward as I suggest: I respectfully disagree. #textualism #LGBT #TitleVII
3/16 The conservative wing of the Court has consistently held that “because of" connotes “but-for” causation on a plain language reading. See Gross, Nassar, Burrage. As I laid out in my original thread, sex (even defined as “biological” sex) is a but-for cause in the LGBT cases.
1/17 A thread: Why LGBT employees win in the Title VII cases if a textualist methodology is applied (and even most originalist ones too). #textualism #originalism #LGBT #TitleVII
2/17 Many people seem to assume that the application of textualism and originalism necessarily leads to politically conservative results, and thus would lead to a loss in the LGBT Title VII cases. This is not true.
3/17 Indeed, in the case of the Title VII LGBT rights cases, following a principled textualist methodology would necessarily result in a pro-LGBT result.
