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

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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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