Post

…”So, really, far from being "insuffi-ciently pliable," I think pure textualism is incessantly malleable that's its primary problem-and, indeed, it is certainly somehow always flexible enough to secure the majority's desired outcome.” - Justice Jackson

Same goes for Thomas, he also loves to find rationale for the decision he wants over what the constitution really says.

Damn! You tell him J J

I feel like if Newsom appeals to SCOTUS about federalizing the NG Jackson is gonna smack Gorsuch in the face with this pure texualism line

Uffdah....🔥🔥🔥🔥🔥

Textualism supersedes all reasonable interpretation if it leads to the preferred outcome. The plain meaning of words , normal inferences of syntax, precedent, and basic tenets of logic are abandoned if they will not lead to the preferred outcomes.

She is brilliant!

Cannot imagine the dizzying heights of frustration Justice Jackson must endure in serving with this lot, but I’m very, very glad she’s there to so eloquently & handily oppose them.

So I assume SCOTUS will use “textualism” on the case for Trump taking over National Guard??? Or will they do nuance then????

🎂

In what landmark case(s) was "pure textualism" defined and used? (I'm French, I don't know anything about anything - but I'm willing to learn)

thanks you for posting this...

That’s solid.

Thank Mother Nature for Justice Jackson

Hey is she wants to double down, I'm OK with it

She’s brilliant. I don’t see how you can argue w the analysis. So much of what the right does (activist judges!) is just projection

📌 law SCt

📌

Took their attempt at a cheap shot and eviscerated them with it.

Justice Jackson is a better smarter judge, but Gorsuch can't get past the fact that he has to sit next to a black female, and dare I say, talk to her sometimes.

I think this might be her best persuasive writing (I obviously haven't read everything she's written). This is a very eloquent way of framing this debate.

May the time come when she has a male colleague (or more) who is worthy of her wisdom. Hold on, Justice Jackson! This reign of partisan hacks can't last forever!

Let’s start with the basic idea of, “no kings.”

Bang on!!

It would be fantastic if she became the voice against "pure textualism."

There’s a connection between this and “proof texting” from the Bible

A thing of beauty

Oops.

Spoken like a true Breyer clerk!

So we aren’t all textualists now, right?

That last sentence is 🔥

We all knew Gorsuch was in the pocket of big fat cat businesses

...ayup. bsky.app/profile/spla...

🎯 🎯 🎯

So far this SCOTUS has done little to understand or do in depth homework on an issue……rather they prefer the textualism, it is the easy out. Understanding the issue from all sides takes time and does not always fit with preconceived notions……thank you Justice Jackson

She did not pull any punches. This is brilliant.

Burn!

They don’t like each other. And they probably shouldn’t.

That is what I call conservative jurisprudence. Judge Jackson abides by the rules I learned in law school over forty years ago.

Woof.

Or Bible

Or the Kabala.

She towers over the conservatives intellectually & they know it & they’re resentful as hell.

She nails it. A brilliant, intellectually honest justice -- just what the American people need and want to see on the court. Perfect.

Zing! Gorsuch, of course, can go eat a huge bag of dicks (or whatever other anatomical region you prefer).

Perfection.

It was a textual word salad, just getting through that lengthy paragraph!?

The Derridean judge we never knew we needed.

Thank you, Mark. Carry on!

Justice Jackson is a rock star!

Among many things, I am reminded of the john roberts court straining to see the words "convicted of" where the 14th amendment plainly reads "engaged in." Textualism was always a lie, but never more than when these liars invoke it.

I once heard the phrase “it can’t mean what it never meant” applied to interpreting the Bible in its historical context - I feel like that applies to so often to interpreting text.

The last line will haunt us for generations.

Context matters.

That leaves a scar.

Pure textualism sounds an awful lot like moral absolutism.

So does pure textualism

She is a treasure!

The woman is Brilliant...the end

She runs intellectual circles around every last one of the Trump loving anti democracy “justices” Thank you President Biden for appointing this treasure and sharing her with America

Apparently Justices Barrett and Jackson have struck up a sort of friendship. What kind of relationship can you have with people you vehemently disagree with, but are also among the only people in the world who know what it means to wield such awesome power and shoulder such immense responsibility?

I feel confident they already knew her position in advance of her putting it to paper.

She's right, of course. It's laughable that text of a phrase like "unreasonable searches and seizures" somehow provides any specification at all. Ask 1,000 people what those words mean and you'll get wildly different answers. The text alone contains *almost no information at all*.

The whole point of Textualism and other approaches concocted out of thin air is provide a pretext to disregard precedent, statutory history, congressional intent and everything else that might confound a preferred policy outcome.

Like the facts of the case.

Brilliant.

Brilliantly stated by Justice Jackson!

In other words, “Textualism is Romantic.”

That last sentence.🔥

Spot on

In my first semester of law school, we were schooled on how important ascertaining congressional intent was. Justice Jackson is so right about what the Gorsuch and the other “textualists” are trying to do.

Surprised by the similarities of SC review and Bi local interpretation...

She's already tired of the bs and further realizes that you can't fall out of a ditch so calling them out not only preserves the historical record, but likely saves her mental health. It surely helps mine to read her.

Damn, that is good.

It is clear that the majority of justices are not acting in good faith. Instead, it becomes ever clearer that the majority is acting out of a combination of cynicism, egotism and opportunism. They are a stain on our democracy.

Yes, it seems obvious that if they can get the outcome they want with a textualism argument, they will use it, and if not, they'll use a different rationale. Intellectual dishonesty is the hallmark of conservative judicial activism.

Who is responsible for this fiasco? Answer: SCOTUS. They granted DJT a crown 👑, gave him unlimited powers, guaranteed him no prosecution, continues to grant more power. He’s a PSYCHOPATH They don’t care-as long as they continue to remake the USA into THEIR vision of this WHITE nation. #Corrupt

Thank you. I’m sure I’ll enjoy.

We have 3 brave heroes on the Supreme Court - they have the hardest and most frustrating job in the country. But they keep going. Like those 3, we all must do everything to speak out & do the next right thing.

Like religion, "the law" is all about which words are allowed to matter.

Kinda like right-wingers in some religions, finding ways to make their hate and greed seen as "virtue", I guess this is the political application?

pretending they have some kind of necromantic power to extract the True Meaning from a text that goes beyond what mere legislators intend is pretty central to the argument we should permit a gaggle of unelected doddering perverts with little constitutional authority to legislate from the bench

Wow

She’s right you know.

She’s 100 percent right. It’s what Thomas has done in his opinions and dissents for decades now.

Just wow. Preach, Justice!

Cherry picking

🔥🔥🔥

I think her critique can be shrunk down to this part very effectively:

I’d like to have seen her add: “When tf have you so-called textualists paid any attention to the text of the 14th and 15th Amendments?”

Trump is the perfect example of textualism in action. If the statute says "emergency" he sends out an EO declaring an "emergency" - anything he doesn't like. If it says "war" or "invasion" he declares an allegorical "war" or "invasion". SCOTUS must "defer", no matter how ridiculous.

In the outer rings of practice, Federalists turn into attorneys using a dictionary as their main source and focusing on random words to feed good codes into a meat grinder. Plain language baby!

From your lips to God’s ear!

She’s spot on! That’s why they advanced the pure textualism theory. A means to the judicial right wing end.