Bringing Texty Back? Gorsuch, Scalia, Hugo Black and the Words of Law

The textualism of conservative Justice Scalia and liberal Justice Hugo Black is contrasted and compared as we anticipate the arrival of Neil Gorsuch to the Court.  Gorsuch is a committed textualist.  What does that mean?  We look at that, we look at all of the different ways judges think, and the (often straw-manned) concept of a more living document.

We discuss:

  • Is a Fish a Fish?
  • Was Justice Scalia a Criminal Defense Lawyer’s Darling?
  • Black Stands For the Downtrodden But Not for Privacy
  • About Gorsuch and That Trucker Case
  • We Sing the 14th Amendment

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